Harris v. Whittle

Atkinson, Presiding Justice.

1. The writ of habeas corpus is an available remedy for release of one illegally restrained of his liberty. Code, § 50-101. Detention by arrest under a bench warrant based on an indictment regular upon its face (§ 27-801) is not illegal; and consequently the writ of habeas corpus is not available for discharge of one so arrested. § 50-116 (3). See 29 C. J. 45, § 37; Holder v. Beavers, 141 Ga. 217 (2) (80 S. E. 715); Jackson v. Lowry, 170 Ga. 755 (154 S. E. 228). The judge did not err in refusing to discharge the accused on writ of habeas corpus.. 2. It is…