Smith v. State of Georgia

Candler, Justice.

Wilson Smith was indicted, tried, and convicted in the Superior Court of DeKalb County of the offense of receiving stolen goods, to wit, an automobile, and sentenced to serve from one to two years in the penitentiary. He made a motion for new trial, and immediately thereafter presented an application to the judge for discharge on bail, pending a determination of his motion. After a hearing his application was denied. A petition for the writ of habeas corpus was then filed, in which it was alleged that he was illegally restrained of his liberty by the Sheriff of DeKalb County,…