Legal Opinion

Griffin v. Eaves

Supreme Court of Georgia

Decided November 6, 1901PublishedCited by 20 opinions

Habeas corpus. Before Judge Fite. Bartow superior court. August 3, 1901.

1Opinion of the CourtFish, J.

1. The first question presented for our consideration is, whether one indicted, convicted, and sentenced for an act made penal by a statute repealed prior to the date the offense is alleged to have been committed can be discharged from custody by habeas corpus. This question has been practically answered in the affirmative by the decision of this court in Moorev. Wheeler, 109 Ga. 62. In that case Moore pleaded guilty to an indictment based upon

*66an unconstitutional statute, and, after sentence, sued out a writ of habeas corpus to be discharged from, custody. On the 'hearing he was remanded, but…

2Cases cited6 opinions

  1. O'Brien v. StateSupreme Court of Georgia · 1900
  2. Daniels v. TowersSupreme Court of Georgia · 1887
  3. Papworth v. StateSupreme Court of Georgia · 1897
  4. Moore v. WheelerSupreme Court of Georgia · 1900
  5. Collins v. HallSupreme Court of Georgia · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. People ex rel. Stead v. Superior CourtIllinois Supreme Court · 1908
  2. Riley v. GarrettSupreme Court of Georgia · 1963
  3. Glover v. StateSupreme Court of Georgia · 1906
  4. State Board of Medical Examiners v. FriedmanTennessee Supreme Court · 1923
  5. McDonald v. StateSupreme Court of Georgia · 1906

15 more not listed; retrieve them via the Exa API.

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