White v. McHan
White v. McHan
Opinion of the Court
The appeal is from a judgment sustaining a general demurrer to and dismissing appellant’s petition for writ of habeas corpus brought against the warden having her in custody, which judgment she enumerates as error. Held:
1. The issue made by the petition is whether appellant was
2. This court in Sims v. Balkcom, 220 Ga. 7 (1) (136 SE2d 766) held that the writ of habeas corpus is never a substitute for a review to correct mere errors of law, and that therefore alleged discrimination in making up jury boxes in the absence of a timely challenge to the jury, where the accused is represented by counsel when such challenge, under the law, must be made is not reviewable. See also Ferguson v. Balkcom, 222 Ga. 676 (161 SE2d 709). Under that ruling which stands unreversed, this court cannot review whether this appellant was denied due process of law and equal protection of law as guaranteed by the 14th Amendment, as she was represented by counsel in the trial of her case, and the question was not raised during the trial, but for the first time in this petition for writ of habeas corpus.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.