Smith v. Greek

Almand, Chief Justice.

This appeal is from an order setting aside the conviction and sentence of petitioner George W. Greek, in a habeas corpus proceeding.

Greek, in his petition for the writ, filed in Tattnall Superior Court, alleged that Smith, Warden of Georgia State Prison, was illegally detaining him by reason of a sentence imposed upon him on July 27, 1968, for a term of 18 years under an indictment in Ware Superior Court charging him with the offense of burglary. He alleged that the conviction and sentence were illegal and void because, (a) no notice of arraignment as required by Code…