10 S.E.2d 921 | Ga. | 1940
1. The affidavits and an uncertified brief of evidence, by which the petitioner in this habeas-corpus petition attacked his conviction of murder as based on an alleged unlawfully obtained confession, in violation of the "due process of law" clause of the 14th amendment to the United States constitution, not being incorporated in the bill of exceptions or in any brief of evidence approved by the judge hearing the habeas corpus, and being identified only by filing entries made by the clerk, can not be considered, and questions dependent thereon can not be determined. Dolvin v. American Harrow Co.,
2. Under the act of 1924 (Ga. L. 1924, p. 197; Code § 27-2518), where the date for the execution of a convict in a capital case has passed by reason of a supersedeas incident to the suing out of a bill of exceptions to the judgment of the trial court, or a respite by the Governor, or for any other reason, the judge of the superior court of the county where the case was tried shall have power and authority without requiring the convict to be brought before him by habeas corpus, as provided in § 27-2521, to pass an order in term time or vacation fixing a new date for the execution of the original sentence, not less than ten nor more than twenty days from the date of such order. "One sentence is all that is ever imposed in a capital case. Such sentence is to be executed at the time fixed therein, or at such other time as the judge shall fix thereafter." Mallory v. Chapman,
3. The court did not err in denying the petition for habeas corpus.
Judgment affirmed. All the Justicesconcur.