Brooks v. Ault

• Decision Date: 06 April 1972
• Docket Number: No. 27079,27079
• Court: Georgia Supreme Court
• Parties: Eddie BROOKS v. Allen AULT.

Page 799

188 S.E.2d 799

228 Ga. 863

Eddie BROOKS v. Allen AULT.

No. 27079.

Supreme Court of Georgia.

April 6, 1972.

Eddie Brooks, pro se.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Dorothy T. Beasley, Asst. Attys. Gen., Roger W. Moister, Jr., Deputy Asst. Atty. Gen., Atlanta, for appellee.

Syllabus Opinion by the Court

MOBLEY, Chief Justice.

Eddie Brooks, appellant, was convicted in Fulton Superior Court of armed robbery and sentenced to 16 years in the penitentiary, and is serving that sentence. He filed a petition for writ of habeas corpus, and after hearing, he was remanded to the custody of the respondent. His appeal is from that judgment.

1. Enumerated errors 1, 2, and 3, alleging that there was no evidence to support the verdict, that the State failed to prove all the essential elements of the crime charged, and that the court failed to charge all elements of the crime charged, are not meritorious for the reason that the writ of habeas corpus is never a substitute for a review to correct errors of law, 'nor can it be used as a second appeal for such purpose. It is an appropriate remedy only when the judgment or sentence under which applicant is being restrained is not merely erroneous but is absolutely void.' Ferguson v. Balkcom, 222 Ga. 676, 677, 151 S.E.2d 707, 708; Bonner v. Smith, 226 Ga. 250(3), 174 S.E.2d 438; Barrett v. Smith, 227 Ga. 358(2), 180 S.E.2d 698.

2. Enumerated error 4, alleging ineffectiveness of counsel, is without merit. The trial judge found that the appellant was ably represented by counsel, and the record supports that finding.

Judgment affirmed.

All the Justices concur.