Golden v. Balkcom
Golden v. Balkcom
Opinion of the Court
The plaintiff in error, William S. Golden, excepts to an order refusing to discharge him from the custody of R. P. Balkcom, Jr., Warden of the Georgia State Prison. In his petition Golden alleged that on May 23, 1956, he was tried in Glynn Superior Court for murder; that the jury returned the following verdict: “We the jury find the defendant William S. Golden guilty of voluntary manslaughter and set the penalty at twenty years”; that when the verdict was published the court instructed the foreman of the jury to insert in the verdict before the words “twenty years” the words “not less nor more than.” Sentence was thereupon entered upon the amended verdict.
Even if it be conceded that the court had no authority to instruct the jury to write in the verdict the words “not less nor more than” it was not such an irregularity as would render the verdict and judgment void and allow it to be attacked by a writ of habeas corpus. Sanders v. Aldredge, 189 Ga. 69 (5 SE2d 371); Smith v. Balkcom, 217 Ga. 51 (120 SE2d 617).
The court properly remanded the prisoner to the custody of the warden.
Judgment affirmed.
Reference
- Full Case Name
- GOLDEN v. BALKCOM, Warden
- Status
- Published