Sanders v. Paschal

Bell, Justice.

1. On the trial of an application for habeas corpus for the release of one charged with crime, the only question to be determined is the legality of the detention. The writ can not be employed to determine the guilt or innocence of the person detained; nor can it bring into review alleged irregularities or errors of procedure in the commitment trial before the magistrate, or test the evidence on which the applicant was committed. Code, §§ 50-116 (1, 2, 6), 102-102 ( 6), 27-407; Stephens v. Henderson, 120 Ga. 218, 220 (47 S. E. 498); Young v. Fain, 121 Ga. 737 (49 S. E. 731);…