147 Ga. 623 | Ga. | 1918
Loeb Sable was convicted in the city court of Savannah by a jury, on an accusation charging him with a violation of the prohibition laws*of the State. He made a motion for a new trial, which was overruled. No bill of exceptions having been filed, and the time for filing having passed, and no supersedeas having been issued, the judge of the city court later signed an order requiring the sheriff to take the defendant into custody and deliver him to the proper authorities of Chatham County for the purpose of' having him serve the sentence imposed of twelve months on the county chain-gang. On April 6, 1917, the defendant, after the motion for new trial was overruled, filed- his petition for certiorari in the superior court of Chatham County, to review the judgment overruling his motion for a new trial, which motion was based on errors alleged to have been committed pending his trial; and the petition for certiorari Wfis sanctioned by the judge of the superior court. On May 1, 1917, the defendant filed in the superior court a, petition for habeas corpus, alleging that he was illegally restrained of his liberty by confinement in the county jail. The petition recited, among other things, that the petitioner had given' bond,- duly approved, in the sum of $3,500, to answer the final judgment in the case in which he was convicted in the city court. Hpon the hearing the writ of habeas corpus was sustained and the petitioner discharged from custody. The sheriff excepted to this judgment, on the ground that the writ of certiorari did not lie, inasmuch as the judge of the superior court had no authority to
Judgment affirmed.