Editor's notes.

- Article 2 of this chapter now provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence of a state court of record, expanding the scope of habeas in such cases. See O.C.G.A. §§ 9-14-40 and9-14-41.

Commitment must be void to authorize habeas.

- Writ of habeas corpus cannot be employed to correct errors or irregularities in commitment hearing before justice of the peace but the judgment committing the defendant must be absolutely void for the writ to issue. Harris v. Norris, 188 Ga. 610, 4 S.E.2d 840 (1939).

Failure to return abstract of evidence to superior court.

- While it was the absolute duty of the justice of the peace to cause an abstract of all the evidence to be made and return the abstract to the superior court, failure to comply with such duty did not so vitiate the hearing and commitment as to render them absolutely void so as to authorize the grant of a writ of habeas corpus. Harris v. Norris, 188 Ga. 610, 4 S.E.2d 840 (1939).

Cited in Rhodes v. Pearce, 189 Ga. 623, 7 S.E.2d 251 (1940); Stynchcombe v. Hardy, 228 Ga. 130, 184 S.E.2d 356 (1971); Treadaway v. Baker, 241 Ga. 95, 243 S.E.2d 41 (1978); Treadaway v. Baker, 243 Ga. 354, 254 S.E.2d 327 (1979).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 33, 102, 156, 164.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 337.

ALR.

- Discharge on habeas corpus in federal court from custody under process of state court for acts done under federal authority, 65 A.L.R. 733.

Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.

Discharge on habeas corpus after conviction as affecting claim or plea of former jeopardy, 97 A.L.R. 160.