Salisbury v. State

Full title: SALISBURY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 13, 1975

213 S.E.2d 90 (Ga. Ct. App. 1975)

133 Ga. App. 964

Opinion

50133.

SUBMITTED JANUARY 14, 1975.

DECIDED FEBRUARY 13, 1975.

Appellate procedure. Fulton Superior Court. Before Judge Langford.

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Carter Goode, William M. Weller, Joseph J. Drolet, Assistant District Attorneys, for appellee.

EVANS, Judge.

A motion to dismiss the appeal has been filed with affidavits attached in support thereof showing the defendant has escaped confinement and is no longer in custody. No denial of these facts alleged and shown by this motion has been filed in this court by defendant or his counsel.

In these circumstances, the motion must be granted. Madden v. State, 70 Ga. 383; Blalock v. Corpe, 215 Ga. 61 ( 108 S.E.2d 715); Blaylock v. State, 129 Ga. App. 230 ( 199 S.E.2d 369).

Appeal dismissed. Deen, P. J., and Stolz, J., concur.

SUBMITTED JANUARY 14, 1975 — DECIDED FEBRUARY 13, 1975.