Paulk v. Sexton

1. No person shall be discharged upon a writ of habeas corpus "where he is imprisoned under lawful process issued from a court of competent jurisdiction, unless in cases where bail is allowed and proper bail is tendered," nor "in any other case where it appears that the detention is authorized by law." Code, § 50-116 (1, 6).

2. On the trial of an application for habeas corpus for the release of one charged with crime, the only question to be determined is the legality of the detention. It is not the function of the writ of habeas corpus "to determine the guilt or innocence of one accused of…