State of Georgia v. Jacobs

Full title: STATE OF GEORGIA v. JACOBS

Court: Supreme Court of Georgia

Date published: Jun 30, 1981

280 S.E.2d 836 (Ga. 1981)

280 S.E.2d 836

Opinion

37403.

DECIDED JUNE 30, 1981.

Certiorari to the Court of Appeals of Georgia — 157 Ga. App. 466.

Arthur K. Bolton, Attorney General, Michael R. Johnson, Assistant Attorney General, for appellant.

Herbert Shafer, for appellee.

PER CURIAM.

We granted certiorari in this case, Jacobs v. State of Ga., 157 Ga. App. 466 ( 278 S.E.2d 21) (1981), to consider two questions: (1) Whether contemnor acted within his constitutional rights in asserting the privilege against self-incrimination, and (2) whether under the facts of this case the holding of contemnor in contempt of court was authorized.

There is in the record an uncertified and unofficial "transcript" of proceedings of the February 14, 1980, investigative hearing which "transcript" was filed in the superior court on April 22, 1980, after the contemnor was adjudicated in contempt on March 7, 1980. The transcript of the March 7 contempt hearing, prepared from recollection, does not show that the "transcript" of the February 14 investigative hearing was introduced as evidence before the superior court at the contempt hearing.

Upon further consideration of this matter we conclude that certiorari was improvidently granted.

Writ dismissed. All the Justices concur.

PER CURIAM.

DECIDED JUNE 30, 1981.