Kitchens v. Smith

Mobley, Presiding Justice.

In Kitchens v. Smith, 226 Ga. 667 (177 SE2d 87), this court held that the appellant at the habeas corpus hearing did not prove his contention that he was without counsel due to his indigency at the time of his conviction of robbery, and affirmed the judgment of the habeas corpus court remanding him to the custody of the warden for service of his sentence imposed in 1944, which he had not completed because of his escape from prison.

The Supreme Court of the United States reversed this decision, holding that the evidence on the habeas corpus hearing proved the…