Brown v. City of Atlanta
Supreme Court of Georgia
Certiorari. Before Judge Pendleton. Eulton superior court. April 25, 1905. Brown was convicted, in the municipal court of the City of Atlanta, for a violation of an ordinance against the keeping of intoxicating liquors for unlawful sale. The ordinance in question provided that upon conviction the offender should be punished “ by a fine not exceeding five hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of the court.”
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Certiorari. Before Judge Pendleton. Eulton superior court. April 25, 1905. Brown was convicted, in the municipal court of the City of Atlanta, for a violation of an ordinance against the keeping of intoxicating liquors for unlawful sale. The ordinance in question provided that upon conviction the offender should be punished “ by a fine not exceeding five hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of the court.” The recorder imposed upon the accused a sentence that he pay a fine of one hundred dollars, and costs, and that in default of such…
1Opinion of the CourtCobb, J.
It is contended by counsel for the city that under the charter of Atlanta the sentence of the recorder was legal in its entirety. But this question is immaterial. The recorder undoubtedly had authority to impose a fine. The sentence has been complied with, the penalty which it was lawful to impose has been paid, the judgment is satisfied. The city is not seeking to enforce any- other part of the sentence; neither can it do so, whether the alternative penalty which was not submitted to be legal or illegal. It would perhaps have been the better practice for the judge of the superior court to…
2Cited by13 opinions
- State v. CohenNevada Supreme Court · 1921
- Kitchens v. StateCourt of Appeals of Georgia · 1908
- Beavers v. CassellsCourt of Appeals of Georgia · 1937
- White v. City of TiftonCourt of Appeals of Georgia · 1907
- Freedman v. BushCourt of Appeals of Georgia · 1923
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