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239 Ga. 795

Griffin v. State

Supreme Court of Georgia

Decided September 28, 1977

Supreme Court of Georgia · decided 1977-09-28

Relies on Binns v. State

Decided 1977-09-28

Marshall, Justice.

¶1The appellant was granted an out-of-time appeal from his armed robbery conviction. The state moves to dismiss the appeal on the ground that the appellant has escaped from custody and not been recaptured. The appellant’s attorney does not controvert this. Under these circumstances, the appeal is moot and will be dismissed. See Binns v. State, 229 Ga. 120 (189 SE2d 393) (1972).

¶2Appeal dismissed.

All the Justices concur.
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