Leonard v. Mayor of Eatonton
Supreme Court of Georgia
Certiorari. Before Judge Lewis. Putnam superior court. March 21, 1906. J. N. Leonard was tried in the mayor’s court of the City of Eatonton, charged with the violation of a municipal ordinance, and was convicted. The sentence of the court was that he pay a fine of $25, and the cost of the case, or, in default thereof, that he be; confined at labor upon the streets, sidewalks, or public works of said city, for a term of sixty days.
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Certiorari. Before Judge Lewis. Putnam superior court. March 21, 1906. J. N. Leonard was tried in the mayor’s court of the City of Eatonton, charged with the violation of a municipal ordinance, and was convicted. The sentence of the court was that he pay a fine of $25, and the cost of the case, or, in default thereof, that he be; confined at labor upon the streets, sidewalks, or public works of said city, for a term of sixty days. The accused carried his case-to the superior court by writ of certiorari. The judge of that court-overruled the certiorari, and the accused excepted. The ordinance;…
1DissentCobb, P. J.
The charter of Eatonton does not confer authority upon the police court of that city to enforce the payment of a fine by imprisonment or compulsory labor. Section 712 of the Political Code does not authorize a police court to enforce the payment of a fine by imprisonment or compulsory labor, but confers only the authority to impose an alternative sentence. In three cases, each decided by a unanimous bench, this court has held that a sentence of the character involved in the present case is not an alternative sentence, but a sentence enforcing the payment of a fine by imprisonment. Brieswick…
2Cases cited3 opinions
- Brieswick v. Mayor of BrunswickSupreme Court of Georgia · 1874
- Williams v. SewellSupreme Court of Georgia · 1905
- Carr v. City of ConyersSupreme Court of Georgia · 1890