Delinski v. Dunn

Hawkins, Justice.

This is the third appearance in this court of this case (Delinski v. Dunn, 206 Ga. 825, 59 S. E. 2d, 248; 207 Ga. 723, 64 S. E. 2d, 44), which was a habeas corpus proceeding instituted by W. Randolph Delinski before the Ordinary of McDuffie County, who was without jurisdiction to try the case at all, had the point been timely made, since the petition showed on its face that at the time it was filed the applicant was confined in a penal institution in Baldwin County. McBurnett v. Warren, 208 Ga. 225 (66 S. E. 2d, 49); Simmons v. Georgia Iron & Coal Co., 117 Ga. 305 (43 S. E.…