Balkcom v. Southerland

Almand, Justice.

This is a habeas corpus proceeding wherein the petitioner asserted that he was being illegally held by the defendant warden under a sentence alleged to be void. In his petition he alleged: that he was charged in two accusations with the offense of sodomy in the Superior Court of Muscogee County; that he did not have funds to employ counsel and that his request for counsel was denied; on his pleas of guilty he was sentenced by the court. On the hearing the court overruled the respondent’s plea of res judicata and remanded the petitioner to the custody of the Sheriff of Muscogee…