Mallory v. Chapman
Supreme Court of Georgia
Habeas corpus. Before Judge Mathews. Houston ■ superior court. March 10,1924. Lucius Mallory filed his petition for habeas corpus against T. S. Chapman, sheriff and ex-officio jailor of Houston County; and alleged the following facts: Said sheriff is restraining petitioner of his liberty by keeping him in the common jail of said county.
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Habeas corpus. Before Judge Mathews. Houston ■ superior court. March 10,1924. Lucius Mallory filed his petition for habeas corpus against T. S. Chapman, sheriff and ex-officio jailor of Houston County; and alleged the following facts: Said sheriff is restraining petitioner of his liberty by keeping him in the common jail of said county. Such restraint and imprisonment is under the pretext of an order passed by the judge of the superior court of said county on February 21, 1924. This order recited that on October 24, 1923, sentence was formally pronounced on petitioner by the judge of said…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.) 1. In the view which we take of this case, it is unnecessary to decide whether the order of the judge of February 21, 1924, resentencing the defendant, was valid or otherwise. If that order was void, the defendant was still confined under the original sentence imposed upon him on his conviction of the offense of murder. If the original sentence was still of full force, then the restraint of his liberty by the sheriff was entirely legal and proper thereunder, whether the order of February 21, 1924, was good or bad.
2. This brings us to consider the question…
2Cases cited3 opinions
- Baughn v. StateSupreme Court of Georgia · 1897
- Wiggins v. TysonSupreme Court of Georgia · 1901
- Cogswell v. SchleySupreme Court of Georgia · 1873
3Cited by9 opinions
- Fowler v. GrimesSupreme Court of Georgia · 1944
- Smith v. HendersonSupreme Court of Georgia · 1940
- Iron Bear v. JonesNebraska Supreme Court · 1948
- Solesbee v. BalkcomSupreme Court of Georgia · 1949
- Gore v. HumphriesSupreme Court of Georgia · 1926
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