Chaplin v. State

I dissent from the majority opinion for two reasons.

1. The cases cited as a basis for holding that the appeal is not moot deal with issues brought to the Georgia Supreme Court under a petition for habeas corpus. This is an appeal enumerating as error only that: "the trial court erred in that the weight of the evidence is contrary to the verdict.”

There are basic differences between the purpose of an appeal from a conviction and a petition of habeas corpus. "It is a well-settled rule of practice and procedure that where one.. .has been convicted of crime, habeas corpus cannot be used as a…