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DEAN v. BALKCOM

20067.

214 Ga. 222 (1958)

104 S.E.2d 126

DEAN v. BALKCOM, Warden.

Supreme Court of Georgia.

Decided June 4, 1958.

Attorney(s) appearing for the Case

Joseph B. McGinty, for plaintiff in error.

Eugene Cook, Attorney-General, E. Freeman Leverett, Assistant Attorney-General, J. Max Cheney, Deputy Assistant Attorney-General, contra.

MOBLEY, Justice.

"A discharge under a writ of habeas corpus, after a plea of guilty by one accused of crime, can not be granted except in cases where the judgment is absolutely void, for the reason that the function of the writ in criminal cases is not to test the truth of any fact essential to the establishment of guilt, but only to discharge one convicted of crime where the judgment is wholly void. Kinman v. Clark...

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