Gilbert v. Balkcom

Mobley, Justice.

“No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases, to wit: . . . By reason of any misnomer in the warrant or commitment, where the court is satisfied that the party detained is the party charged with the offense.” Code § 50-116. Held:

Under the facts of this case the court did not err in denying the writ of habeas corpus. Williams v. Sipple, 178 Ga. 61 (172 SE 62).

Judgment affirmed.

All the Justices concur. Thomas B. Gilbert, pro se. Eugene Cook, Attorney-General, Earl L. Hickman, Assistant Attorney-General, contra.

The record shows…