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Lawskills.com Georgia Caselaw
ARCHER v. GRIMES, Sheriff.
23390.
CANDLER, Presiding Justice.
Habeas corpus. Fulton Superior Court. Before Judge Dyer.
"A writ of habeas corpus cannot be used as a substitute for appeal, writ of error, or other remedial procedure for the correction of errors or irregularities alleged to have been committed by a trial court." Shiflett v. Dobson, 180 Ga. 23 (177 SE 681); Wallace v. Foster, 206 Ga. 561 (1) (57 SE2d 920) and the cases there cited. Instead, it is an appropriate remedy only when the sentence under which the applicant is being detained is for some reason absolutely void, not merely erroneous. Fleming v. Lowery, 173 Ga. 894, 895 (162 SE 144); Henson v. Scoggins, 203 Ga. 540 (47 SE2d 643). In the instant case it is not shown by the record that the sentence under which the applicant was being imprisoned is for any reason void. Hence the trial judge did not err, as contended, in remanding him to the custody of respondent.
Lewis R. Slaton, Solicitor General, J. Walter LeCraw, for appellee.
Ward Matthews, Jr., for appellant.
SUBMITTED MARCH 15, 1966 -- DECIDED MARCH 22, 1966.
Friday May 22 19:53 EDT


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