Zant v. Owens

Marshall, Justice.

The state appeals from the grant of the writ of habeas corpus to the appellant, whose petition attacked the validity of his conviction of escape.

"The lawful confinement of the [appellee] at the time of his escape was a necessary element of that offense ...” Dixon v. State, 234 Ga. 157 (215 SE2d 5) (1975). There was no fatal variance between the allegation in the indictment, that the appellee had been convicted of murder in Harris and Muscogee Counties, and the proof, that he had been convicted of murder only in Harris County,1 since the only purpose of such allegation was to…