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SOLESBEE V. BALCOM, 339 U. S. 9 (1950)

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U.S. Supreme Court

Solesbee v. Balcom, 339 U.S. 9 (1950)

Solesbee v. Balcom

No. 77

Argued November 15, 1949

Decided February 20, 1950

339 U.S. 9


Where a state policy is against execution of a condemned convict who has become insane after conviction and sentence, it is not a denial of due process under the Fourteenth Amendment to vest discretionary authority in the Governor (aided by physicians) to determine whether a condemned convict has become insane after sentence and, if so, whether he should be committed to an insane asylum -- even though the Governor's decision is not subject to judicial review and the statute makes no provision for an adversary hearing at which the convict may appear in person or by counsel or through friends and cross-examine witnesses and offer evidence. Pp. 339 U. S. 9-14.

205 Ga. 122, 52 S.E.2d 433, affirmed.

In a habeas corpus proceeding, a Georgia trial court sustained the constitutional validity of Ga.Code § 27-2602, which leaves determination of sanity after conviction of a capital offense to the Governor, supported by the report of physicians. The Supreme Court of Georgia affirmed. 205 Ga. 122, 52 S.E.2d 433. On appeal to this Court, affirmed, p. 339 U. S. 14.

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