Opinion
28488.
SUBMITTED JANUARY 14, 1974.
DECIDED FEBRUARY 18, 1974.
Habeas corpus. Butts Superior Court. Before Judge Sosebee.
Weiner Bazemore, Paul S. Weiner, for appellant.
Arthur K. Bolton, Attorney General, William F. Bartee, Jr., David L. G. King, Jr., Assistant Attorneys General, Larry H. Evans, Deputy Assistant Attorney General, for appellee.
Petitioner for habeas corpus complains that his conviction for burglary was erroneous because of the admission of testimony of a witness whose name did not appear on the list of witnesses furnished to him. This issue was passed upon by the Court of Appeals and the trial court held it could not review that decision. See Elrod v. State, 128 Ga. App. 250 ( 196 S.E.2d 360). Held:
The trial court properly remanded petitioner to custody of the warden. Petitioner's entire proof in that court consisted of the record reviewed by the Court of Appeals and its decision. After an appellate review the same issues will not be reviewed on habeas corpus. Herring v. Ault, 230 Ga. 398 ( 197 S.E.2d 354); Alexander v. Luzier, 229 Ga. 434 ( 192 S.E.2d 160); Young v. Caldwell, 229 Ga. 653 ( 193 S.E.2d 854).
Judgment affirmed. All the Justices concur.