Pope v. State

Court of Appeals of Georgia

Pope v. State

157 S.E.2d 32, 116 Ga. App. 271, 1967 Ga. App. LEXIS 771

CourtCourt of Appeals of Georgia

DecidedSeptember 5, 1967

Docket42930

StatusPublished

Cited by5 cases

This text of 157 S.E.2d 32 (Pope v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pope v. State, 157 S.E.2d 32, 116 Ga. App. 271, 1967 Ga. App. LEXIS 771 (Ga. Ct. App. 1967).

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Opinion

Bell, Presiding Judge.

After the term of court at which the prisoner was convicted and sentenced for breaking and entering an automobile, he filed a motion denominated “Motion extraordinary to vacate and set aside the judgment, conviction, and sentence” and contending that his indictment and conviction were void. If the detention is unlawful because the indictment and conviction are void, the prisoner’s remedy is by a writ of habeas corpus. See McDonald v. State, 126 Ga. 536 (55 SE 235); Riley v. State, 107 Ga. App. 639 (2, 3) (131 SE2d 124); Whitus v. Georgia, 385 U. S. 545 (87 SC 643, 17 LE2d 599). A motion to set aside the verdict and judgment is not an appropriate remedy in a criminal case. Gravitt v. State, 165 Ga. 779 (142 SE 100); Claughton v. State, 179 Ga. 157 (175 SE 470); Waits v. State, 204 Ga. 295 (49 SE2d 492).

The judgment of the superior court denying the motion is

Affirmed.

Pannell and Whitman, JJ., concur. *272 Harry F. Pope, pro se. Andrew J. Ryan, Jr., Solicitor General, Andrew J. Ryan, III, for appellee.

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Bell, Presiding Judge.

After the term of court at which the prisoner was convicted and sentenced for breaking and entering an automobile, he filed a motion denominated “Motion extraordinary to vacate and set aside the judgment, conviction, and sentence” and contending that his indictment and conviction were void. If the detention is unlawful because the indictment and conviction are void, the prisoner’s remedy is by a writ of habeas corpus. See McDonald v. State, 126 Ga. 536 (55 SE 235); Riley v. State, 107 Ga. App. 639 (2, 3) (131 SE2d 124); Whitus v. Georgia, 385 U. S. 545 (87 SC 643, 17 LE2d 599). A motion to set aside the verdict and judgment is not an appropriate remedy in a criminal case. Gravitt v. State, 165 Ga. 779 (142 SE 100); Claughton v. State, 179 Ga. 157 (175 SE 470); Waits v. State, 204 Ga. 295 (49 SE2d 492).

The judgment of the superior court denying the motion is

Affirmed.

Pannell and Whitman, JJ., concur. *272 Harry F. Pope, pro se. Andrew J. Ryan, Jr., Solicitor General, Andrew J. Ryan, III, for appellee.

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Bluebook (online)

157 S.E.2d 32, 116 Ga. App. 271, 1967 Ga. App. LEXIS 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-state-gactapp-1967.

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