Legal Opinion

Atkins v. Martin

Supreme Court of Georgia

Decided December 4, 1972No. 27452PublishedCited by 18 opinions

1Opinion of the Court

Hawes, Justice.

Appellant is serving a sentence of five years imposed upon him after his conviction of the offense of armed robbery. The judge of the superior court dismissed his petition for habeas corpus on the ground that it failed to state a claim upon which relief could be granted, and he appeals.

1. A writ of habeas corpus is never a substitute for appellate review to correct mere errors of law. Its function is to attack a void judgment. Sims v. Balkcom, 220 Ga. 7, 9 (136 SE2d 766). Therefore, appellant’s contention that he was' not guilty of the offense with which he was charged seeks to…

2Cases cited5 opinions

  1. Sims v. BalkcomSupreme Court of Georgia · 1964
  2. Ballard v. SmithSupreme Court of Georgia · 1969
  3. Johnson v. PlunkettSupreme Court of Georgia · 1959
  4. Moore v. DuttonSupreme Court of Georgia · 1967
  5. Trull v. SmithSupreme Court of Georgia · 1970

3Cited by18 opinions

  1. James Lee Spencer v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1986
  2. Amos Lumpkin v. James Ricketts, WardenCourt of Appeals for the Fifth Circuit · 1977
  3. Sheffield v. StateSupreme Court of Georgia · 1975
  4. Vaughn v. StateCourt of Appeals of Georgia · 1985
  5. Douglas v. StateCourt of Appeals of Georgia · 1974

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