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Tabor v. State

The defendant can raise his claims of unlawful detention for carrying concealed weapons at his pending criminal trial.

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Via indictment, Stuart Tabor was charged with four counts of carrying a weapon within a school safety zone in violation of OCGA § 16-11-127.1. After entering a plea of not guilty, Tabor filed a pretrial petition for a writ of habeas corpus asserting that he was being detained unlawfully because at the time in question the weapons were in the locked compartment of an automobile. See OCGA § 16-11-127.1 c 8. The petition was denied and Tabor brought this direct appeal.1 We find no error in the denial of habeas corpus relief. Inasmuch as his criminal trial is pending, Tabor can raise the issues he raised in his petition for habeas corpus, and present evidence to defend himself, upon the trial of the case. Kearse v. Paulk , 264 Ga. 509 448 SE2d 369 1994, citing Jackson v. Lowry , 170 Ga. 755, 756-757 154 SE 228 1930. See also Oduok v. Bowden , 272 Ga. 778 535 SE2d 241 2000.

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