Martin v. Ault

2 Citing cases

  1. Phillips v. Stynchcombe

    231 Ga. 430 (Ga. 1973)   Cited 26 times
    In Phillips, supra, it was held: "The holding of a commitment hearing is not a requisite to a trial for commission of a felony... We know that cross examination of the state's witnesses at a commitment hearing often results in an accused obtaining valuable information for trial of the case.

    Appellant's arguments in support of this ground are an attempt to raise the sufficiency of the evidence and present nothing for decision upon petition for the writ of habeas corpus. See in this connection, Nolley v. Caldwell, 229 Ga. 441 (6) ( 192 S.E.2d 151); Martin v. Ault, 229 Ga. 594 ( 193 S.E.2d 613). 5. The appellant's contention that he was not properly notified prior to his trial of evidence and witnesses the state intended to submit in aggravation of his sentence cannot be sustained.

  2. Davis v. State

    222 S.E.2d 188 (Ga. Ct. App. 1975)   Cited 2 times

    I intend to treat him just as we have treated all other defendants in this posture. It is obvious that the defendant here has used a habeas corpus court as a substitute for a writ of error, or appeal. The Supreme Court of Georgia and the United States Supreme Court have held many, many times that this cannot be done. Glasgow v. Moyer, 225 U.S. 420 ( 32 SC 753, 56 LE 1147); Johnson v. Zerbst, 304 U.S. 458 ( 58 SC 1019, 82 LE 1461); Larson v. United States, 364 U.S. 858 ( 81 SC 38, 5 L.Ed.2d 44); Atkins v. Martin, 229 Ga. 815 ( 194 S.E.2d 463); Wright v. Caldwell, 229 Ga. 817 ( 194 S.E.2d 441); Green v. Caldwell, 229 Ga. 650 ( 193 S.E.2d 847); Martin v. Ault, 229 Ga. 594 ( 193 S.E.2d 613); Thrash v. Caldwell, 229 Ga. 585 ( 193 S.E.2d 605); Nelson v. Smith, 228 Ga. 117 ( 184 S.E.2d 150); Johnson v. Smith, 227 Ga. 611 ( 182 S.E.2d 101); Moore v. Dutton, 223 Ga. 585 ( 157 S.E.2d 267); Buxton v. Brown, 222 Ga. 564 ( 150 S.E.2d 636); Archer v. Grimes, 222 Ga. 8 ( 148 S.E.2d 395). Only once before within my memory has this kind of situation arisen in this court, and I refer to my dissent in Moye v. State, 127 Ga. App. 338, 342 ( 193 S.E.2d 562).