Walling v. Harris

210 Ga. 97 (1953)

78 S.E.2d 7

WALLING

v.

HARRIS, Sheriff.

18308.

Supreme Court of Georgia.

Submitted September 14, 1953.

Decided October 13, 1953.

James N. Rahal, for plaintiff in error.

Andrew J. Ryan, Solicitor-General, Sylvan A. Garfunkel, Thomas M. Johnson, Jr., Assistant Solicitors-General, contra.

WORRILL, Justice.

1. "Where a habeas corpus proceeding is instituted for the release of a prisoner upon the grounds that he was deprived of his constitutional rights of the benefit of counsel and of trial by jury, and there is an issue of fact on the allegations made by the movant, the trial judge becomes…