PRICE, Presiding Judge.
The appellant, David Dallas Taylor, filed his petition for writ of habeas corpus in the Montgomery Circuit Court, seeking his release from Kilby Prison.
The return to the writ made by the prison warden shows that the petitioner is being detained by virtue of two judgments and sentences of the Circuit Court of Walker County. The indictments, judgments and sentences, made a part of the return, appear to be regular in all respects and show that appellant was adjudged guilty of forgery in the second degree, after a plea of guilty to said charge, and was sentenced to the penitentiary for a term of two years. He was also adjudged guilty of murder in the second degree and sentenced to the penitentiary for a term of twenty years.
On habeas corpus when a judgment and sentence of a circuit court is returned as the cause for the detention of the petitioner, the only matter that can be inquired into is the jurisdiction of the said circuit court to render such judgment and impose such sentence. Mackreth v. Wilson, 31 Ala. App. 191, 15 So.2d 112; Allen v. State, Ala. App., 132 So.2d 327; Ex parte Bizzell, 112 Ala. 210, 21 So. 371.
The petitioner alleges that the State of Alabama, while he was serving his said sentences, voluntarily relinquished its jurisdiction of petitioner by releasing him to the federal courts for trial, where he was convicted and served a term in the federal penitentiary, and that the State of Alabama refused to take him into custody upon his discharge from the federal penitentiary.
To refute this contention various documents were introduced in evidence by the respondent, from which the trial court found:
The trial court was correct in its finding that the petitioner was not entitled to discharge on habeas corpus.
The judgment is affirmed.