Opinion
25329.
SUBMITTED JULY 15, 1969.
DECIDED SEPTEMBER 29, 1969. REHEARING DENIED NOVEMBER 6, 1969.
Habeas corpus. Tattnall Superior Court. Before Judge Caswell.
Franklin D. Floyd, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Mathew Robins, Assistant Attorneys General, for appellee.
"The legality of the present confinement is the question under review in a haveas corpus proceeding. See Harris v. Norris, 188 Ga. 610, 611 ( 4 S.E.2d 840); Dutton v. Knight, 223 Ga. 140 ( 153 S.E.2d 714)." Evans v. Perkins, 225 Ga. 48, 50 ( 165 S.E.2d 652).
Accordingly, where the admitted facts are that the prisoner was serving a sentence in the State prison with a minimum term ending May 30, 1970; that he escaped and robbed a bank after serving only about a year of said sentence; that he was arrested a day later by City of Macon detectives who turned him over to the Federal authorities for trial, sentencing and service on the Federal charge; and no attack is made upon the legality of his original sentence, under which he is presently confined, the writ of habeas corpus does not lie, and the court did not err in its judgment remanding the prisoner to the warden of the State prison to serve the remainder of his sentence.
Judgment affirmed. All the Justices concur.