Supreme Court of Georgia, 1976

Evans v. Watson

Evans v. Watson
Supreme Court of Georgia · Decided July 9, 1976 · Jordan, Hill, Gunter, Ingram
227 S.E.2d 253; 237 Ga. 249; 1976 Ga. LEXIS 1216 (South Eastern Reporter, Second Series)

Evans v. Watson

Opinion of the Court

Jordan, Justice.

Appellant, serving a sentence in the Georgia penal system, filed a "motion for the transcript in cases (44466), (44467); and (44468).” While appellant’s notice of appeal states that the transcripts were needed to "perfect an appeal by a petition of habeas corpus,” no showing was made in the trial court as to the need or purpose for which the transcripts were sought. The trial court denied the petition.

On the basis of this record we affirm. Billups v. State, 234 Ga. 147, 148 (214 SE2d 884) (1975).

Judgment affirmed.

All the Justices concur, except Gunter and Ingram, JJ., who dissent.

Concurring Opinion

Hill, Justice,

concurring.

Although I dissented in Billups v. State, supra, in view of United States v. MacCollom, — U. S. — (No. 74-1487, decided June 10, 1976), which, although it involved a federal prisoner, dealt with equal protection, I concur in the judgment of the court.

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