Patterson v. Smith

Nichols, Justice.

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 SE2d 840); Dutton v. Knight, 223 Ga. 140 (153 SE2d 714).” Evans v. Perkins, 225 Ga. 48, 50 (165 SE2d 652).

2. The sentences attacked were by their express terms to be…