McIntyre pleaded guilty to a charge of forgery and received a ten-year sentence of imprisonment. He sought release by habeas corpus, and appeals from an adverse judgment. Held:
1. While the petitioner testified generally that he was under the influence of drugs when he pleaded guilty, and that the sheriff of Madison County induced him to plead guilty, by telling him that he had talked to the judge, the habeas corpus judge, as a trior of the facts, was under no obligation to believe the petitioner, and could reject his testimony in whole or in part.
Ballard v. Smith,
2. The certificate of the court reporter states that "the foregoing pages constitute a true and correct transcript of the guilty plea hearing” and that of the clerk of court states that the foregoing pages are "a true and correct transcript of the guilty plea hearing” and that of clerk of court states that the foregoing pages are "a true and correct photostatic copy of the case of The State vs. James Herman McIntyre.” These certificates are in keeping with Code § 38-601, which merely requires a certificate or attestation, without specifying the necessity for a seal by a court reporter, or any detail as to the location and length *82 of the record, by reference to the number of pages, minute book, case number, and similar details, as contended by the petitioner.
3. Custom, as to which the district attorney testified in respect to the guilty plea proceeding, is admissible as tending to show that the custom was followed in a particular instance. Green, Georgia Law of Evidence, p. 169, § 67.
4. The record of the guilty plea proceedings, as corroborated by the testimony of the district attorney, affirmatively supports the findings of the habeas corpus judge, and no error in the habeas corpus proceedings appears for any reason argued and insisted upon. See
Johnson v. Smith,
Judgment affirmed.