Smith v. Ault

Mobley, Chief Justice.

John Thomas Smith filed a post-conviction petition for writ of habeas corpus. He is serving a sentence of two years for burglary and four years for possession of burglary tools. He appeals from the judgment denying him relief, and remanding him to the custody of the respondent.

1. The offenses of burglary and possessing burglary tools are separate and distinct, and an accused may be convicted of both offenses, even though they are committed in the same transaction. Shelly v. State, 107 Ga. App. 736 (1) (131 SE2d 135).

2. Where the offenses of burglary and possessing bur-'…