# Wade v. State

> Supreme Court of Georgia · September 20, 1973 · 231 Ga. 131

URL: https://www.frixlaw.com/law-library/cases/9564238

## Case

- **Full name:** Wade v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** September 20, 1973
- **Citations:** 231 Ga. 131; 200 S.E.2d 271; 1973 Ga. LEXIS 608
- **Precedential status:** Published
- **Opinion:** Concurrence by Undercofler
- **Judges:** Gunter, Nichols, Undercofler
- **Cited by:** 82 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9564238

## How later opinions describe it (automated extraction)

- 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
- holding sentences invalid because they did not follow the jury’s verdict and sentence

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9564238. Public record. Not legal advice.