Mullennix v. Balkcom, 19771

Decision Date12 September 1957
Docket NumberNo. 19771,19771
Citation99 S.E.2d 832,213 Ga. 490
PartiesCalvin C. MULLENNIX v. R. P. BALKCOM, Jr., Warden.
CourtGeorgia Supreme Court

Calvin C. Mullennix, pro se.

Eugene Cook, Atty. Gen., E. Freeman Leverett, Asst. Atty. Gen., J. Max Cheney, Deputy Asst. Atty. Gen., for defendant in error.

Syllabus Opinion by the Court

MOBLEY, Justice.

'A writ of habeas corpus looks only to the lawfulness of the present confinement. It does not deal with the lawfulness of a possible future imprisonment under another sentence. McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238.' Seay v. Sanford, 5 Cir., 158 F.2d 281; Kennedy v. Sanford, D.C., 76 F.Supp. 736, affirmed 5 Cir., 166 F.2d 568, certiorari denied 333 U.S. 864, 68 S.Ct. 737, 92 L.Ed. 1143. Consequently, where, on April 22, 1953, the petitioner was sentenced in Fulton County to serve from two to two years in the penitentiary for forgery, and on June 10, 1953, was sentenced in DeKalb County to serve from two to six years for assault with intent to rape, said sentence to follow the sentence imposed in Fulton County, and on June 29, 1953, was sentenced in Coweta County to serve from four to five years for obtaining goods on false writings, said sentence to follow those previously imposed in Fulton and DeKalb Counties a petition for the writ of habeas corpus on the ground that the sentence imposed in Coweta County is null...

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19 cases
  • Com. ex rel. Stevens v. Myers
    • United States
    • Pennsylvania Supreme Court
    • September 29, 1965
    ...72 P.2d 471 (1937); Byers v. Cochran, 143 So.2d 319 (Fla.1962) (but see Dora v. Cochran, 138 So.2d 508 (Fla.1962)); Mullennix v. Balkcom, 213 Ga. 490, 99 S.E.2d 832 (1957); People ex rel. Martin for and on Behalf of Crawford v. Ragen, 401 Ill. 419, 82 N.E.2d 457 (1948), cert. denied Crawfor......
  • Cobb v. Dutton
    • United States
    • Georgia Supreme Court
    • March 22, 1966
    ...confinement and cannot bring into question the lawfulness of a possible future imprisonment under another sentence. Mullennix v. Balkcom, 213 Ga. 490, 99 S.E.2d 832; Balkcom v. Gaulding, 216 Ga. 410, 116 S.E.2d 545; Pippin v. Sheffield, 220 Ga. 179, 137 S.E.2d 627 and Balkcom v. Craton, 220......
  • Sides v. State, 19756
    • United States
    • Georgia Supreme Court
    • September 12, 1957
  • White v. Grimes, 20999
    • United States
    • Georgia Supreme Court
    • October 6, 1960
    ...of the present confinement. It cannot deal with the lawfulness of a possible future imprisonment under another sentence. Mullennix v. Balkcom, 213 Ga. 490, 99 S.E.2d 832. Consequently, the validity or invalidity of the Cobb Superior Court sentences cannot be determined in this The detention......
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