Sellers v. Dutton

Almand, Presiding Justice.

Foster W. Sellers in his petition for a writ of habeas corpus sought his release from the custody of A. L. Dutton, Warden of the Georgia State Prison. After a hearing the court remanded Sellers to the custody of the warden. The appeal assigns error on this order.

The record discloses that Sellers was tried in Richmond Superior Court in October of 1965 under an indictment for burglary, found guilty and sentenced for a term of five years. On this trial he was represented by counsel of his choice, and the conviction on appeal was affirmed in Sellers v. State, 112 Ga.…