Opinion
26733.
ARGUED SEPTEMBER 15, 1971.
DECIDED OCTOBER 7, 1971.
Habeas Corpus. Tattnall Superior Court. Before Judge Caswell.
Hester Hester, Frank B. Hester, for appellant.
Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, Courtney Wilder Stanton, Dorothy T. Beasley, Assistant Attorneys General, for appellee.
This is the third appeal reaching the appellate courts of this State as a result of the prisoner's conviction for the offense of burglary. See Poss v. State, 116 Ga. App. 264 ( 157 S.E.2d 33); Poss v. Smith, 227 Ga. 43 ( 178 S.E.2d 859). Held:
"`It is a well-settled rule of practice and procedure that where one, as here, has been convicted of crime, habeas corpus cannot be used as a substitute for appeal or other remedial procedure for the correction of errors and irregularities; nor can it be used as a second appeal for such purpose. It is an appropriate remedy only when the judgment or sentence under which applicant is being restrained is not merely erroneous but is absolutely void.' Ferguson v. Balkcom, 222 Ga. 676, 677 ( 151 S.E.2d 707) and cit." Bonner v. Smith, 226 Ga. 250 (3) ( 174 S.E.2d 438); Bush v. Chappell, 225 Ga. 659, 660 ( 171 S.E.2d 128). Nor can it be used to review alleged errors in the court's instructions to the jury. See Shoemake v. Whitlock, 226 Ga. 771 ( 177 S.E.2d 677).
Accordingly, the enumerations of error, all of which either relate to admission of evidence, the overrulings of motions for mistrial and the charge of the court fail to show any reversible error in remanding the prisoner to the custody of the warden to complete his sentence.
Judgment affirmed. All the Justices concur.