141 Ga. 217 | Ga. | 1914
Sam Holder applied for a writ of habeas corpus against the chief of police of the City of Atlanta, alleging his illegal detention at police headquarters. The respondent made his return, admitting some and denying other allegations of the application. The court heard evidence, and refused to discharge the applicant; and exception is taken to this judgment.
The writ of habeas corpus is not a substitute for a writ of error or other proceeding for the review and correction of errors occurring in the course of a criminal or quasi criminal trial. It is not designed to interrupt the orderly administration of law by a court of competent authority acting within its jurisdiction. There is no contention that the recorder’s court was without jurisdiction to try offenders against either of the ordinances, nor is there any issue made as to the propriety or legality of the amended summons. In his brief, counsel for the plaintiff in error states that no complaint is made to the “technical sufficiency of the form of the accusation.” The applicant insists that the procedure subsequent to his arrest was void, because his arrest was unlawful. But this point is not tenable. There is a clear distinction between a want of jurisdiction over the person and the subject-matter, and an irreg
Judgment affirmed.