Poss v. Smith

Grice, Justice.

The appellant enumerates as error the denial of his motion to dismiss the answer and response to his petition for a writ of habeas corpus.

William T. Poss filed the petition in the Superior Court of Tattnall County, Georgia, against Lamont Smith, Warden, Georgia State Prison, alleging that his confinement was illegal due to specified errors in the trial proceedings related primarily to matters of evidence in his trial for burglary. He was found guilty and sentenced to twenty years in the penitentiary.

August 3, 1970, was set as the date for hearing and for filing the answer and…