Broughton v. State, 192 S.E.2d 390 (Ga. Ct. App. 1972). · Go Syfert
Search
Broughton v. State, 192 S.E.2d 390 (Ga. Ct. App. 1972). Cases Citing This Book View Copy Cite
5 citation events across 2 distinct courts.
How cited ↗
Cited for

No citing cases on record.

Retrieving the full opinion text from the archive…
BROUGHTON
v.
State
47321.
Court of Appeals of Georgia.
Sep 5, 1972.
Published opinion
192 S.E.2d 390
1972 Ga. App. LEXIS 771
Myers & Parks, John R. Parks, for appellant.
Evans.
Published
Evans, Judge.

The defendant was convicted of theft by taking, and unlawful possession of narcotics. He was sentenced to a term of years in the penitentiary. This is an appeal from the overruling of his motion for new trial.

The State has moved to dismiss the appeal, and supports said motion with a certificate of fugitivity and an affidavit by the sheriff, as custodian, that the defendant escaped from confinement on May 6, 1972, and has not been returned to custody. This information of his status as a fugitive is uncontroverted. In these circumstances the appeal is moot. Gentry v. State, 91 Ga. 669 (17 SE 956); Gravitt v. State, 221 Ga. 812 (147 SE2d 447); Huffaker v. State, 122 Ga. App. 773, 775 (178 SE2d 718).

Appeal dismissed.

Bell, C. J., and Stolz, J., concur. Submitted July 5, 1972 Decided September 5, 1972. Myers & Parks, John R. Parks, for appellant.