Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CHAFFIN v. STYNCHCOMBE.

UNDERCOFLER, Justice.

This appeal is from a judgment entered in an application for the writ of habeas corpus brought by James Chaffin against LeRoy Stynchcombe, Sheriff of Fulton County, Georgia. The applicant alleged that his imprisonment resulted from a plea of guilty to a charge of sodomy and that he was sentenced to imprisonment for a period of five years. He alleges that his imprisonment is illegal for various reasons. At the habeas corpus hearing evidence was introduced which showed that the applicant was also serving a sentence for robbery in Fulton County. The trial court denied the writ and remanded the applicant to the custody of the respondent. The appeal is from this judgment. 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 judge 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 ( 138 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).

Judgment affirmed. All the Justices concur.

ARGUED JANUARY 10, 1972 — DECIDED JANUARY 19, 1972.
Use AI to get other relevant cases.

Comments

CHAFFIN v. STYNCHCOMBE
(Jan 19, 1972)