NICHOLS, Justice.
1. "It is well settled by decisions of this court that the constitutional right of counsel does not apply in a habeas corpus proceeding, which is not a criminal prosecution, and the Sixth Amendment to the United States Constitution (Code § 1-806), and Art. I, Sec. I, Par. V of the Constitution of Georgia (Code Ann. § 2-105), providing that in all criminal prosecutions the accused shall have the privilege and benefit of counsel...
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