Opinion
27169.
SUBMITTED MAY 8, 1972.
DECIDED JUNE 15, 1972.
Habeas corpus. Butts Superior Court. Before Judge Whalen from Griffin Circuit.
William W. Stanley, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorney General, for appellee.
This is an appeal from a habeas corpus judgment remanding the prisoner to custody. The evidence adduced upon the habeas corpus hearing disclosed that the prisoner was represented by employed counsel upon his trial which resulted in the present confinement, and that complaints made in the habeas corpus proceedings relate to matters prior to, during and after his trial which, if true, do not show that the present confinement is illegal.
Habeas corpus "is an appropriate remedy only when the judgment or sentence under which the applicant is being restrained is not merely erroneous but is absolutely void." Ferguson v. Balkcom, 222 Ga. 676, 677 ( 151 S.E.2d 707). See also Bonner v. Smith, 226 Ga. 250 (3) ( 174 S.E.2d 438); Nelson v. Smith, 228 Ga. 117 (1) ( 184 S.E.2d 150); Griffin v. Smith, 228 Ga. 177 ( 184 S.E.2d 459); Poss v. Smith, 228 Ga. 168 ( 184 S.E.2d 465).
Accordingly, the judgment of the habeas corpus court remanding the prisoner to custody shows no reversible error.
Judgment affirmed. All the Justices concur.