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Flowers v. State

Court of Appeals of Georgia
May 25, 1983
306 S.E.2d 16 (Ga. Ct. App. 1983)

Opinion

66125.

DECIDED MAY 25, 1983.

Escape. Chatham Superior Court. Before Judge Cheatham.

Kevin J. Street, for appellant.

Spencer Lawton, Jr., District Attorney, for appellee.


The defendant appeals his conviction for the same escape in which the defendant in the companion case of 66124 was convicted. Held:

1. Although the defendant enumerates as error the failure to grant his motion for severance, there is no argument or citation of authority on such point. Hence, we deem this enumeration of error abandoned.

2. "The constitutional prohibition against double jeopardy is not violated when a prisoner is subjected to Executive Department punishment for an act committed while a prison inmate and is then prosecuted and convicted in a court of law for having committed a crime. This is so even though the crime and the act for which administrative punishment was assessed were one and the same." Carruth v. Ault, 231 Ga. 547 ( 203 S.E.2d 158). Accord, Hendrickson v. State, 159 Ga. App. 628 (1) ( 284 S.E.2d 645); Middlebrook v. Allen, 234 Ga. 481 ( 216 S.E.2d 331); Horne v. Hopper, 238 Ga. 140 ( 231 S.E.2d 735); Coates v. Seay, 239 Ga. 635 ( 238 S.E.2d 422); Anderson v. State, 250 Ga. 500 ( 300 S.E.2d 163).

Judgment affirmed. Sognier and Pope, JJ., concur.

DECIDED MAY 25, 1983.


Summaries of

Flowers v. State

Court of Appeals of Georgia
May 25, 1983
306 S.E.2d 16 (Ga. Ct. App. 1983)
Case details for

Flowers v. State

Case Details

Full title:FLOWERS v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 25, 1983

Citations

306 S.E.2d 16 (Ga. Ct. App. 1983)
166 Ga. App. 740

Citing Cases

Lyons v. State

Anderson v. State (1983), 250 Ga. 500, at 501, 300 S.E.2d 163, at 163. Also see, Flowers v. State (1983), 166…