Legal Opinion

Lee v. Smith

Supreme Court of Georgia

Decided December 4, 1972No. 27504PublishedCited by 2 opinions

1Opinion of the Court

Hawes, Justice.

In habeas corpus cases, the trial judge is the trior of issues of fact, and, where the evidence is conflicting upon an issue of fact, his decision thereon will not be controlled by the Supreme Court if there is any evidence to support his finding. Walling v. Harris, 210 Ga. 97 (1) (78 SE2d 7); Grier v. Balkcom, 213 Ga. 133 (2) (97 SE2d 151); Balkcom v. Williams, 220 Ga. 359 (1) (138 SE2d 873). So, where, as in this habeas corpus case, the petitioner contended that pleas of guilty to two indictments charging him with the offense of rape were entered by his attorney without…

2Cases cited5 opinions

  1. Snell v. SmithSupreme Court of Georgia · 1971
  2. Goodwin v. SmithSupreme Court of Georgia · 1970
  3. Balkcom v. WilliamsSupreme Court of Georgia · 1964
  4. Walling v. HarrisSupreme Court of Georgia · 1953
  5. Grier v. BalkcomSupreme Court of Georgia · 1957

3Cited by2 opinions

  1. William Lee v. Joseph S. Hopper, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1974
  2. Taylor v. StateCourt of Appeals of Georgia · 1978

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