Jackson v. Dutton
| Decision Date | 21 September 1967 |
| Docket Number | No. 24250,24250 |
| Citation | 223 Ga. 642,157 S.E.2d 286 |
| Parties | Edward N. JACKSON v. A. L. DUTTON, Warden. |
| Court | Georgia Supreme Court |
Howard Moore, Jr., Atlanta, for appellant.
Arthur K. Bolton, Atty. Gen., Atlanta, B. D. Dubberly, Jr., Deputy Asst. Atty. Gen., Glennville, Marion O. Gordon, Asst. Atty. Gen., Joel C. Williams, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
Edward Nathanial Jackson brought this action of habeas corpus in the City Court of Reidsville, against A. L. Dutton, Warden of the Georgia State Prison, for his release. On August 2, 1963, in Fulton Superior Court, the petitioner was convicted of murder and was sentenced to death. The conviction was affirmed by this court. Jackson v. State, 219 Ga. 819, 136 S.E.2d 375. The Georgia Pardon and Parole Board commuted the sentence to life imprisonment on March 19, 1965. The petitioner in his amended application for habeas corpus filed on December 12, 1966 alleges that his conviction was illegal because: (1) he was arrested without probable cause and without a warrant having been issued; (2) he was held for a period of two and one-half months prior to his trial without a commitment hearing, deprived of an opportunity to employ his own counsel, that his appointed counsel was inexperienced and that his health adversely affected his ability to try the case; (3) he was illegally convicted by false testimony of a co-defendant obtained by the State with threats and promises; (5) he was illegally convicted by the false representation of the State that certain clothes belonging to the co-defendant were those of the petitioner; (6) that members of petitioner's race and color were and had been systematically excluded from service on the grand jury which indicted the petitioner and from the traverse jury which convicted him. After a hearing the lower court denied the writ and the appeal is from that judgment. Held:
1. Sims v. Balkcom, 220 Ga. 7, 9(1), 136 S.E.2d 766; Moore v. Dutton, 223 Ga. 585, 157 S.E.2d 267. Therefore none of the errors alleged is subject to review except the error relating to the competency of the trial counsel.
2. The evidence shows that the petitioner was represented by a duly qualified...
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Parris v. State, 29016
...Ga.App. 639, 131 S.E.2d 124; Code Ann. § 50-101(c). Habeas corpus is an available remedy to attack a void judgment, Jackson v. Dutton, 223 Ga. 642, 643, 157 S.E.2d 286, and because Parris' pleading was filed in the county of his detention, it may be considered a petition for habeas corpus, ......
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Bush v. Chappell, 25406
...a void judgment.' Sims v. Balkcom, 220 Ga. 7, 9(1), 136 S.E.2d 766; Moore v. Dutton, 223 Ga. 585, 157 S.E.2d 267.' Jackson v. Dutton, 223 Ga. 642(1), 157 S.E.2d 286. The sufficiency of the evidence to support a conviction is not reviewable by habeas corpus in the federal courts. Fulford v. ......
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Jackson v. Smith, 30407 Summary Calendar.
...the court denied relief, making findings of fact and conclusions of law. On appeal this decision was affirmed. Jackson v. Dutton, 1967, 223 Ga. 642, 157 S.E.2d 286. A habeas petition filed in the United States District Court was dismissed because of failure to exhaust state remedies. Jackso......
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Shoemake v. Whitlock
...189 Ga. 69(1), 5 S.E.2d 371; McKay v. Balkcom, 203 Ga. 790, 48 S.E.2d 453; Buxton v. Brown, 222 Ga. 564, 150 S.E.2d 636; Jackson v. Dutton, 223 Ga. 642, 157 S.E.2d 286; Bush v. Chappell, 225 Ga. 659, 171 S.E.2d It follows that the trial judge properly denied the writ of habeas corpus. Judgm......