Farris filed a petition for pre-conviction habeas corpus relief (see OCGA 9-14-1
(a)) in DeKalb County after he was charged with theft of services in Fulton County and released on his own recognizance. Petitioner contended that respondent, the district attorney of Fulton County, was illegally restraining petitioner of his liberty by failing to dismiss the charges brought against petitioner. The habeas court denied the petition for habeas corpus relief, and we affirm.
1. Petitioner's motion to strike the brief of the Attorney General is denied.
2. The failure of the State to respond timely to the petition for habeas corpus relief does not entitle the petitioner to a default judgment. Huddleston v. Ricketts, 233 Ga. 112 (1) (210 SE2d 319) (1974)
Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint.