Patterson v. Smith
| Decision Date | 11 January 1971 |
| Docket Number | No. 26193,26193 |
| Citation | 227 Ga. 170,179 S.E.2d 247 |
| Parties | Jerry PATTERSON v. S. Lamont SMITH, Warden. |
| Court | Georgia Supreme Court |
Jerry Patterson, pro se.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, Charles B. Merrill, Jr., Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
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. Evans v. Perkins, 225 Ga. 48, 50, 165 S.E.2d 652, 654.
2. The sentences attacked were by their express terms to be served consecutively to the sentences the prisoner was then serving, as provided for by the Act of 1964 (Ga.L.1964, p. 494; Code Ann. § 27-2510). Under the undisputed evidence adduced at the hearing the petitioner's present confinement is not under the sentences attacked, but under prior sentences, and the trial court did not err in remanding the petitioner to the custody of the Warden of the State prison.
Judgment affirmed.
All the Justices concur.
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State ex rel. Jackson v. Henderson
...traditional common-law limitations upon the use of habeas corpus to question the prisoner's present detention. See: Patterson v. Smith, 227 Ga. 170, 179 S.E.2d 247 (1971); Wright v. Bennett, 257 Iowa 61, 131 N.W.2d 455 (1964); Ramsey v. Hand, 183 Kan. 307, 327 P.2d 1080 (1958); People ex re......
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Creamer v. State
...is the legality of the present confinement of the petitioner. See Lewis v. Smith, 227 Ga. 220, 179 S.E.2d 745; Patterson v. Smith, 227 Ga. 170, 179 S.E.2d 247. There being no evidence submitted showing that the confinement of the defendant was illegal per se and there being no evidence that......
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Patterson v. State, 26823
...which judgment no appeal was filed. The denial of his petition for the writ of habeas corpus was affirmed by this court. Patterson v. Smith, 227 Ga. 170, 179 S.E.2d 247. Thereafter, appellant filed an extraordinary motion for new trial, in which he attempted to raise for the first time the ......