# Fowler v. Grimes

> Supreme Court of Georgia · June 12, 1944 · 198 Ga. 84

URL: https://www.frixlaw.com/law-library/cases/3402208

## Case

- **Full name:** Fowler v. Grimes, Sheriff.
- **Court:** Supreme Court of Georgia
- **Decided:** June 12, 1944
- **Citations:** 198 Ga. 84; 31 S.E.2d 174; 1944 Ga. LEXIS 372
- **Precedential status:** Published
- **Opinion:** Concurrence by Wyatt
- **Judges:** Wyatt, Bell
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3402208

## Opinion text

Wyatt, Justice,
concurring specially. I concur in the judgment in this case. It is my opinion, however, that with the possible exception of the question dealt with in division five of the opinion, all questions raised in this habeas-eorpus proceeding could and should have been made in a motion for new trial when the plaintiff in error was convicted, and can not now be raised by habeas 'corpus. I am unwilling even by inference or assumption
*95
to substitute habeas corpus for a writ of error, or other remedial procedure to correct errors in the trial of a criminal case. I am of the opinion that the question -raised in division five of the majority opinion could have been taken advantage of by a direct bill of exceptions, but, in any event, the conclusion reached with reference to this question is correct.
I am authorized to say that Justice Atkinson agrees with this special concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3402208. Public record. Not legal advice.