Stewart v. Sanders, Sheriff

Atkinson, Justice.

1. Where a haheas-corpus proceeding is brought by a

person under sentence, it is the appropriate remedy only when the court is without jurisdiction in making the order, rendering the judgment, or passing sentence by virtue of which the party is imprisoned, so that such order, judgment, or sentence is not merely erroneous, but is-absolutely void. Kimman v. Clark, 185 Ga. 328 (195 S. E. 166), and cit.

2. Where a party is convicted of a felony, and sentenced to the penitentiary for a period of 4 to 7 years, such sentence is not void merely because it provides, “or at such other…