Harrell v. Avera
Supreme Court of Georgia
Habeas corpus. Before Judge Thomas. Berrien superior court. November 12, 1912.
1Opinion of the CourtIIxll, J.
1. The writ of habeas corpus can not be substituted for a motion for a new trial, writ of error, or other similar remedial procedure, or be used as a remedy for the review of alleged errors in the trial court. Only in eases where the judgment of conviction is void can it be attacked by habeas corpus. If the defendant has had his day in court, the judgment of conviction is not void for the reason that the evidence may show the defendant guilty of some crime other than that for which *341he was convicted and sentenced. Davis v. Smith, 7 Ga. App. 192 (66 S. E. 401). And see Yeates v. Roberson, 4 Ga.…
2Cases cited4 opinions
- McFarland v. DonaldsonSupreme Court of Georgia · 1902
- Davis v. SmithCourt of Appeals of Georgia · 1909
- Yeates v. RobersonCourt of Appeals of Georgia · 1908
- Yancy v. HarrisSupreme Court of Georgia · 1851
3Cited by8 opinions
- Riley v. GarrettSupreme Court of Georgia · 1963
- Kinman v. ClarkSupreme Court of Georgia · 1938
- Shiflett v. DobsonSupreme Court of Georgia · 1934
- Wallace v. FosterSupreme Court of Georgia · 1950
- Blackstone v. NelsonSupreme Court of Georgia · 1921
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