Walling v. Harris

Worrill, Justice.

1. “Where a habeas corpus proceeding is instituted for the release of a prisoner upon the grounds that he was deprived of his constitutional rights of the benefit of counsel and of trial by jury, and there is an issue of fact on the allegations made by the movant, the trial judge becomes the trior; and where there is ample evidence to support his judgment, it will not be set aside.” Mathis v. Scott, 199 Ga. 743 (2) (35 S. E. 2d 285); Bradford v. Mills, 208 Ga. 198 (3) (66 S. E. 2d 58).

2. “The writ of habeas corpus cannot be used as a substitute for appeal, writ of certiorari,…