Brown v. Smith

Nichols, Justice.

This is the second habeas corpus petition filed by the petitioner attacking his conviction for the offense of murder in which he received a life sentence. The trial court ruled adversely to the petitioner on his first petition, and this court dismissed his appeal for failure to timely file any enumeration of error. Brown v. Smith, 227 Ga. 785 (183 SE2d 375).

The present petition seeks to raise a question not raised in the first petition, to wit: the denial of appeal from the original conviction. The trial court, after hearing, held that the petitioner could have and should…