Reed v. Stynchcombe

Jordan, Chief Justice.

1. This is a habeas corpus proceeding. Code Ann. § 50-127 expressly applies to post-sentence habeas corpus proceedings. Therefore a certificate of probable cause was not a prerequisite for appeal in these pretrial habeas corpus proceedings that were filed by James Reed while he was in custody in lieu of bond pending trial on criminal charges.

The legislative intent to limit the requirement of a certificate of probable cause to appeals in post-sentence habeas corpus proceedings also is expressed by the mention, in the appellate practice provisions, of the “original record…