170 Ga. 755 | Ga. | 1930
It appears from the record that the defendant was indicted for charging excessive interest on small loans. A bench warrant was issued, under authority of which the defendant was arrested. The record makes no mention of any proceeding to try the case on the indictment. On the contrary, Jackson, the defendant named in the indictment, without awaiting trial on the merits
In 29 Corpus Juris, 18, § 10, it is said: “Where the proceedings under which the petitioner is detained are still pending undisposed of, and the ordinary established procedure is still available to him, the orderly procedure by trial and appeal should not be interfered with by a writ of habeas corpus [Holder v. Beavers, 141 Ga. 217 (80 S. E. 715) ; Johnson v. Hoy, 227 U. S. 245, 33 Sup. Ct. 240,