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BALKCOM, v. ROBERTS

23114.

221 Ga. 339 (1965)

144 S.E.2d 524

BALKCOM, Warden v. ROBERTS.

Supreme Court of Georgia.

Decided September 22, 1965.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Peyton S. Hawes, Jr., Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, for plaintiff in error.

Rich, Bass & Kidd, Casper Rich, contra.

CANDLER, Presiding Judge.

This is a habeas corpus case which Marvin Roberts brought against R. P. Balkcom, Jr., the warden of Georgia's Reidsville Penitentiary, in which it is alleged that he is being detained under a void 20-year sentence imposed on him in 1951. The record shows: Roberts, an illiterate white man 30 years old and who had only completed the second grade in school, was indicted for rape where the indictment against him alleged that he did in White County...

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