Pope v. State

Bell, Presiding Judge.

After the term of court at which the prisoner was convicted and sentenced for breaking and entering an automobile, he filed a motion denominated “Motion extraordinary to vacate and set aside the judgment, conviction, and sentence” and contending that his indictment and conviction were void. If the detention is unlawful because the indictment and conviction are void, the prisoner’s remedy is by a writ of habeas corpus. See McDonald v. State, 126 Ga. 536 (55 SE 235); Riley v. State, 107 Ga. App. 639 (2, 3) (131 SE2d 124); Whitus v. Georgia, 385 U. S. 545 (87 SC 643, 17…