Stynchcombe v. Clements

Grice, Justice.

For review here is a judgment granting a new trial to a petitioner in a habeas corpus proceeding because of a charge to the jury on the subject of alibi.

The petitioner, David Hugh Clements, filed his petition in the Superior Court of Fulton County against the respondent, Leroy Stynchcombe, as sheriff of that county, alleging insofar as necessary to recite here that his detention is illegal and is because of his conviction and sentence for the offense of robbery; that he appealed to this court, which affirmed his conviction in Clements v. State, 226 Ga. 66 (172 SE2d 600); and…