Legal Opinion

Nelson v. Smith

Supreme Court of Georgia

Decided October 7, 1971No. 26637PublishedCited by 10 opinions

1Opinion of the Court

Felton, Justice.

This appeal is from an order in a habeas corpus proceeding remanding the appellant to the custody of the Warden of the Putnam County Correctional Institution.

1. Appellant enumerates as error alleged prejudice against him on the part of the arresting officer and contends that he was "framed,” "set up,” and "tricked.” A habeas corpus proceeding cannot be used as a substitute for appeal. Bonner v. Smith, 226 Ga. 250 (174 SE2d 438). "It is not the function of the writ of habeas corpus to determine the guilt or innocence of one accused of crime.” Bush v. Chappell, 225 Ga. 659, 660…

2Cases cited7 opinions

  1. Wilson v. StateSupreme Court of Georgia · 1955
  2. Ballard v. SmithSupreme Court of Georgia · 1969
  3. Bush v. ChappellSupreme Court of Georgia · 1969
  4. Bonner v. SmithSupreme Court of Georgia · 1970
  5. Harris v. State of GeorgiaSupreme Court of Georgia · 1961

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hollis v. StateCourt of Appeals of Georgia · 1989
  2. Kreps v. GraySupreme Court of Georgia · 1975
  3. Jones v. LeveretteSupreme Court of Georgia · 1973
  4. Crawford v. CaldwellSupreme Court of Georgia · 1972
  5. Mullen v. CaldwellSupreme Court of Georgia · 1972

5 more not listed; retrieve them via the Exa API.

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