Whitus v. Caldwell

Mobley, Chief Justice.

This appeal is from the dismissal of the petition of appellant seeking writ of habeas corpus. The appellant filed application for writ of habeas corpus which contained petition for leave to file and proceed in forma pauperis, alleging that: "Because of his poverty he is unable to pay the costs and fees or to give bond in lieu thereof.”

The respondent filed a traverse of the appellant’s affidavit of poverty, under the provisions of Code Ann. § 24-3413. The trial court, after hearing evidence, sustained the traverse and dismissed the petition.

The evidence showed that the…