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CREAMER v. STATE

27555.

229 Ga. 511 (1972)

192 S.E.2d 350

CREAMER v. THE STATE.

Supreme Court of Georgia.

Decided September 26, 1972.

Rehearing Denied October 5, 1972.

Attorney(s) appearing for the Case

McDonald, Dupree, Rodriguez & Moore, Duard R. McDonald, Hylton B. Dupree, Jr., John H. Moore, for appellant.

Ben F. Smith, District Attorney, for appellee.

NICHOLS, Justice.

1. The issue in a habeas corpus proceeding 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...

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