Opinion

Wade v. State

  • 231 Ga. 131
  • 200 S.E.2d 271
  • 1973 Ga. LEXIS 608
Court
Supreme Court of Georgia
Filed
Sep 20, 1973
Status
Published
Author
Undercofler
On the bench
Gunter, Nichols, Undercofler
Cited by
82 cases
Authority
More cited than 5.8%

holding that a defendant was denied his right to appeal and was thus entitled to a-new trial where the State was unable to file a transcript because notes from which the transcript was to be prepared had been destroyed

How later courts described this case

  • holding that a defendant was denied his right to appeal and was thus entitled to a-new trial where the State was unable to file a transcript because notes from which the transcript was to be prepared had been destroyed
  • new trial warranted where transcript could not be filed due to the loss of stenographic notes
  • holding sentences invalid because they did not follow the jury’s verdict and sentence
  • “[I]t is the duty of the state to file the transcript after a guilty verdict has been returned in a felony case.”

Written by the judges who cited it.

Distinguished

  • Distinguished by Thomas v. Hopper, 232 Ga. 409 (1974)

    The court concluded that Wade was inapplicable to Thomas’ sentences.
    Supreme Court of GeorgiaJun 18, 1974Read it

The opinion

Undercofler, Justice,

concurring in the judgment only. I respectfully dissent from Divisions II and III of the majority opinion. The power of the court to specify sentences shall run consecutively is derived from the common law. Georgia statutes have not altered this power. The only change is that sentences now run concurrently, rather than consecutively, when it is not specified otherwise. 21 AmJur2d 523, Criminal Law, § 547; Simmons v. Georgia Iron & Co., 117 Ga. 305, 318 ( 43 SE 780 ); Baker v. State, 127 Ga. App, 403 (5) ( 194 SE2d 122 ).

I am authorized to state that Justice Nichols concurs in this special concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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