Bridges v. Ault, 27111

• Decision Date: 03 May 1972
• Docket Number: No. 27111,27111
• Citation: 229 Ga. 108,189 S.E.2d 391
• Parties: Marvin BRIDGES v. Allen AULT, Warden.
• Court: Georgia Supreme Court

Page 391

189 S.E.2d 391

229 Ga. 108

Marvin BRIDGES v. Allen AULT, Warden.

No. 27111.

Supreme Court of Georgia.

May 3, 1972.

Marvin Bridges, pro se.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Dorothy Y. Kirkley, Asst. Attys. Gen., Atlanta, for appellee.

Syllabus Opinion by the Court

UNDERCOFLER, Justice.

Marvin Bridges filed an application for the writ of habeas corpus alleging that he was being illegally detained under a ten-year sentence imposed for robbery in Coweta County.

At the habeas corpus hearing evidence was introduced which showed that the applicant was being detained by the respondent under a five-year sentence for robbery imposed by the Fulton County Superior Court. On motion of the respondent, the habeas corpus petition was dismissed. Held:

'A writ of habeas corpus looks only to the lawfulness of the present confinement. Mullennix v. Balkcom, 213 Ga. 490, 99 S.E.2d 832; Pippin v. Sheffield, 220 Ga. 179, 137 S.E.2d 627. Where it is unquestioned that the detention of the petitioner under sentences from other counties is legal, the trial court has no authority to make any other disposition of the matter except to remand the petitioner to the custody of the respondent. Balkcom v. Craton, 220 Ga. 216, 318 S.E.2d 163.' Balkcom v. Hurst, 220 Ga. 405, 139 S.E.2d 306; Burson v. Gresham, 221 Ga. 814, 147 S.E.2d 445; Chaffin v. Stynchcombe, 228 Ga. 583, 186 S.E.2d 871.

Judgment affirmed.

All the Justices concur.