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Stephens v. Mills

140 S.E.2d 857, 220 Ga. 619, 1965 Ga. LEXIS 575
CourtSupreme Court of Georgia
DecidedFebruary 4, 1965
Docket22779
StatusPublished

This text of 140 S.E.2d 857 (Stephens v. Mills) 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
Stephens v. Mills, 140 S.E.2d 857, 220 Ga. 619, 1965 Ga. LEXIS 575 (Ga. 1965).

Opinion

Duckworth, Chief Justice.

The substance of this habeas corpus action is that the prisoner is being restrained of his liberty because the indictment under which he was convicted fails to charge him with a crime, the same charging him with a mere conspiracy to commit robbery. The indictment adequately alleges a crime of robbery, and since the sole basis for the action is that the indictment failed to charge a crime, the court correctly refused to release the prisoner. See Camp v. State, 3 Ga. 417; Lipham v. State, 125 Ga. 52 (53 SE 817, 114 ASR 181, 5 AC 66); Brusnighan v. State, 86 Ga. App. 340 (71 SE2d 698).

Judgment affirmed.

All the Justices concur.

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Related

Brusnighan v. State
71 S.E.2d 698 (Court of Appeals of Georgia, 1952)
Camp v. State
3 Ga. 417 (Supreme Court of Georgia, 1847)
Lipham v. State
53 S.E. 817 (Supreme Court of Georgia, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
140 S.E.2d 857, 220 Ga. 619, 1965 Ga. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-mills-ga-1965.