119 Ga. App. 110 | Ga. Ct. App. | 1969
1. The defendant on April 18, 1967, being represented by paid counsel, pleaded guilty to the offense of larceny of an automobile and was sentenced to fine and im
It is not contended that the defendant, who prepared his own motion, was legally insane at the time either of the commission of the act or the trial of the case. The petition cannot be considered as an application for writ of habeas corpus, because it was not filed in the county where the petitioner is detained (Beavers v. State, 117 Ga. App. 801 (161 SE2d 891)), or as a motion to set aside, because not predicated on a defect appearing on the face of the record (Code § 110-702), or as an extraordinary motion for new trial (King v. State, 174 Ga. 432 (1) (163 SE 168)). Under the ruling in Archer v. Clark, 202 Ga. 229 (42 SE2d 924) the judge of the superior court properly dismissed the petition.
Judgment affirmed.