Creamer v. State

Nichols, Justice.

1. The issue in a habeas corpus proceeding is the legality of the present confinement of the petitioner. See Lewis v. Smith, 227 Ga. 220 (179 SE2d 745); Patterson v. Smith, 227 Ga. 170 (179 SE2d 247). There being no evidence submitted showing that the confinement of the defendant was illegal per se and there being no evidence that his confinement was cruel and unusual, the judgment of the trial court denying the writ of habeas corpus was not error.

2. The remaining issues in the case all turn upon the question of whether it would, under the facts in this case, violate the…