Rhodes v. Glenn

(After stating the foregoing facts.) It will be noted that in the petition for habeas corpus the requirements of

the Code, § 50-102, were strictly complied with. It was held in Jones v. Hill, 17 Ga. App. 151 (87 S. E. 755), that one who is empowered to issue the writ is under duty to do so if the petition contains the requisite matter, is in due form, duly authenticated, duly presented, and does not show on its face that the imprisonment is in fact legal; and it was further held (see concurring opinion of the majority of the court at page 159) that a judge who refuses to grant a writ of habeas…