Opinion
26193.
SUBMITTED DECEMBER 14, 1970.
DECIDED JANUARY 11, 1971.
Habeas corpus. Tattnall Superior Court. Before Judge Caswell.
Jerry Patterson, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Charles B. Merrill, Jr., Assistant Attorneys General, for appellee.
The petitioner filed a petition for writ of habeas corpus in which he asserted that two sentences imposed by the Superior Court of Gwinnett County were illegally imposed upon him. The trial court remanded the petitioner to custody and he filed the present appeal. Held:
1. "The legality of the present confinement is the question under review in a habeas 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).
2. The sentences attacked were by their express terms to be served consecutively to the sentences the prisoner was then serving, as provided for by the Act of 1964 (Ga. L. 1964, p. 494; Code Ann. § 27-2510. Under the undisputed evidence adduced at the hearing the petitioner's present confinement is not under the sentences attacked, but under prior sentences, and the trial court did not err in remanding the petitioner to the custody of the warden of the State prison.
Judgment affirmed. All the Justices concur.