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213 Ga. 490

99 S.E.2d 832

Mullennix v. Balkcom

Supreme Court of Georgia

Decided September 12, 1957

Supreme Court of Georgia · decided 1957-09-12

Relies on McNally v. Hill · O'Connell v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1957-09-12

How this case has been cited

Cited by 22 later decisions — most recently February 2007

22 state decisions

120195719601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mobley, Justice.

¶1 “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 Sup. Ct. 24, 79 L. ed. 238.” Seay v. Sanford, 158 Fed. 2d 281; Kennedy v. Sanford, 76 Fed. Supp. 736, affirmed 166 Fed. 2d 568, certiorari denied, 333 U. S. 864. 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 and void is premature, where it does not appear that the petitioner has finished serving the sentences imposed in Fulton and DeKalb Counties and is now serving the sentence imposed in Coweta County. The judgment remanding petitioner to the custody of the respondent is not erroneous.

¶2 Judgment affirmed.

All the Justices concur.
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