Fleming v. Lowry

Burt Fleming was tried and convicted, in the criminal court of Atlanta, of the offense of attempted burglary. His writ of error to the Court of Appeals, from the ruling of the superior court refusing to sanction a writ of certiorari, was dismissed. Fleming v. State, 43 Ga. App. 175 (158 S. E. 342). Whereupon he petitioned for habeas corpus against J. I. Lowry, sheriff, alleging that the pretext under which petitioner was restrained was a sentence of the criminal court of Atlanta, based upon a verdict, both predicated upon an accusation the substance of which, with the grounds of objection and…