Goodson v. State

BOWEN, Judge.

The petitioner filed a petition for writ of habeas corpus, alleging that his indictment for first degree robbery was fatally defective because the affidavit in support of the arrest warrant charged only robbery in the second degree. The circuit court properly treated the habeas corpus petition as a petition for post-conviction relief.

“For the writ [of habeas corpus] to apply, the judgment under which the convicted person is held must be void on its face; parol evidence can not be introduced to establish procedural or substantive errors that may have occurred. ‘Where the court…