Montgomery v. Smith

Supreme Court of Georgia

Montgomery v. Smith

182 S.E.2d 316, 227 Ga. 601, 1971 Ga. LEXIS 788

CourtSupreme Court of Georgia

DecidedMay 6, 1971

Docket26491

StatusPublished

Cited by2 cases

This text of 182 S.E.2d 316 (Montgomery v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montgomery v. Smith, 182 S.E.2d 316, 227 Ga. 601, 1971 Ga. LEXIS 788 (Ga. 1971).

Pincite

Opinion

Grice, Justice.

The appellant here complains of the denial of a petition for the writ of habeas corpus in which he alleged that the charge on alibi in his criminal trial deprived him of due process of law. As to this he averred that it placed an unwarranted burden of proof upon him, thus denying him the presumption of innocence and misleading and confusing the jury. This complaint is made for the first time in the habeas corpus petition.

This appeal cannot be sustained. Shoemake v. Whitlock, 226 Ga. 771 (177 SE2d 677).

Judgment affirmed.

All the Justices concur.

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