Poss v. Smith

Nichols, Justice.

This is the third appeal reaching the appellate courts of this State as a result of the prisoner’s conviction for the offense of burglary. See Poss v. State, 116 Ga. App. 264 (157 SE2d 33); Poss v. Smith, 227 Ga. 43 (178 SE2d 859). Held:

'"It is a well-settled rule of practice and procedure that where one, as here, has been convicted of crime, habeas corpus cannot be used as a substitute for appeal or other remedial procedure for the correction of errors and irregularities; nor can it be used as a second appeal for such purpose. It is an appropriate remedy only when the…