Hays v. State
Supreme Court of Georgia
Certified questions; from Court of Appeals (Case 5717). The Court of Appeals certified to the Supreme Court the following questions for decision: "1. Under the provisions of section 328 of the Penal Code, defining the offense of compounding crime, is it essential that the actual commission of the preceding crime be established in order to authorize the conviction of one accused of a violation of that section? In this connection the attention of the Supreme Court is directed…
Read the full summary
Certified questions; from Court of Appeals (Case 5717). The Court of Appeals certified to the Supreme Court the following questions for decision: "1. Under the provisions of section 328 of the Penal Code, defining the offense of compounding crime, is it essential that the actual commission of the preceding crime be established in order to authorize the conviction of one accused of a violation of that section? In this connection the attention of the Supreme Court is directed to the decisions in Chandler v. Johnson, 39 Ga. 85, 89 (cited in 6 Am. & Eng. Enc. Law (2d ed.), 492 (c), and note), and…
1Opinion of the CourtAtkinson, J.
1. Section 328 of the Penal Code, mentioned in the first question propounded by the Court of Appeals, is as follows: “If any person shall take or receive any money, goods, chattels, lands, or other reward, or promise to compound, or shall for any cause compound any crime or offense punishable with death or imprisonment and labor in the penitentiary, he shall be punished by imprisonment and labor in the penitentiary for not less than one year nor longer than five years.” This was included in an act to reform, amend, and consolidate the penal laws of the State of Georgia, 'approved December 23,…
2Cases cited12 opinions
- People v. GordanCalifornia Supreme Court · 1894
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Deen v. WilliamsSupreme Court of Georgia · 1907
- Chandler v. JohnsonSupreme Court of Georgia · 1869
- Commonwealth v. PeaseMassachusetts Supreme Judicial Court · 1819
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. RossSupreme Court of Kansas · 1940
- Sheppard v. StateSupreme Court of Georgia · 1921
- Davidson v. StateCourt of Criminal Appeals of Oklahoma · 1925
- State v. ReeseCourt of Appeals of Georgia · 1987
- Hays v. StateCourt of Appeals of Georgia · 1914