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BINNS v. STATE

27122.

229 Ga. 120 (1972)

189 S.E.2d 393

BINNS v. THE STATE.

Supreme Court of Georgia.

Decided May 3, 1972.

Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.

JORDAN, Justice.

This is an appeal from the overruling of a motion for new trial following conviction for murder and a sentence to life imprisonment. The State has moved to dismiss the appeal, supported by affidavit that the prisoner escaped from confinement on December 11, 1971, and has not been returned to custody. This information of his status as a fugitive is uncontroverted. In these circumstances the appeal is moot. Gravitt v. State, 221...

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