Petitioner, a convict in the State penitentiary, filed an original petition for habeas corpus in this court. The Attorney General has filed a motion to dismiss, which must be granted.

The petition shows on its face that a petition for writ of habeas corpus was heard and denied by the Circuit Court of Montgomery County on May 7, 1963. An appeal lies from such an order. Tit. 15, § 369, Code 1940.

The petition also seeks to raise questions not subject to be raised in a petition for writ of habeas corpus in this state. Griffin v. State, 258 Ala. 557, 63 So.2d 682.

Motion to dismiss petition granted.

Petition dismissed.