29 S.E.2d 704 | Ga. | 1944
On application of legal principles to the facts shown at a hearing of the writ of habeas corpus, the refusal to discharge the applicant from custody was not error.
Merle Williams testified in substance that on November 15, 1934, he was sentenced by the courts of New Hampshire to serve a term of one to two years in prison. On October 9, 1935, he was released on parole. Subsequently, after a violation of the terms of his parole, he was arrested by New Hampshire authorities, kept in jail two days, and then turned over to the Federal authorities. On September 9, 1936, he was sentenced to serve a term of ten years in Federal prison, and on October 20, 1943, was given a conditional release, and then taken into custody by the respondent. No attack *531
is made upon the regularity of the extradition proceedings. The sole question presented is the contention of the plaintiff in error that, when New Hampshire authorities arrested and incarcerated him as a parole violator, and subsequently surrendered him to Federal authority and he was sentenced to serve a term in Federal prison, the time he was required to serve should be counted as service on the New Hampshire sentence, and for this reason his New Hampshire sentence had been completed. In passing on a similar question, this court, in Johnson v.Lowry,
The court did not err in denying the writ of habeas corpus, and in remanding the petitioner to the custody of the sheriff.
Judgment affirmed. All the Justices concur.