47 S.E.2d 866 | Ga. | 1948
Wilson Smith was indicted, tried, and convicted in the Superior Court of DeKalb County of the offense of receiving stolen goods, to wit, an automobile, and sentenced to serve from one to two years in the penitentiary. He made a motion for new trial, and immediately thereafter presented an application to the judge for discharge on bail, pending a determination of his motion. After a hearing his application was denied. A petition for the writ of habeas corpus was then filed, in which it was alleged that he was illegally restrained of his liberty by the Sheriff of DeKalb County, because the court, in denying bail, had abused its discretion. After a hearing upon the petition for habeas corpus the court denied the prayers of the petition and remanded the plaintiff in error into the custody of the sheriff. To this order and judgment he excepted. Held:
The granting or refusing of bail in felony cases after indictment and conviction is a matter within the sound discretion of the court below, and this court will not control that discretion unless it has been flagrantly abused. Bishop v. Wilbanks,
Judgment affirmed. All the Justicesconcur.