Legal Opinion

Farmer v. Smith

Supreme Court of Georgia

Decided November 5, 1971No. 26788PublishedCited by 1 opinion

1Opinion of the Court

Nichols, Justice.

This is an appeal in a habeas corpus case from a judgment remanding the prisoner to custody. Held:

1. "Mere allegations that one has been denied a constitutional right,’ without setting forth facts substantiating a violation of such right, is not a sufficient reason for setting aside a sentence on habeas corpus.” Salisbury v. Grimes, 223 Ga. 776 (1) (158 SE2d 412). Accordingly, the bare allegations of the prisoner’s petition that certain constitutional rights were violated without any facts *311being alleged in support thereof present no grounds to set aside the prisoner’s…

2Cases cited4 opinions

  1. Salisbury v. GrimesSupreme Court of Georgia · 1967
  2. Sharpe v. SmithSupreme Court of Georgia · 1969
  3. Johnson v. SmithSupreme Court of Georgia · 1969
  4. Allen v. CaldwellSupreme Court of Georgia · 1968

3Cited by1 opinion

  1. Marvin Farmer v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1973

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