Tyler v. State
Supreme Court of Georgia
Amendment of record. Before Judge Martin. Wilcox superior court. December 11, 1905. At the September adjourned term of the superior court, 1905, the following order was passed: (after stating the case) “Whereas, at the March term, 1905, of said court, the defendant, John W. Tyler, was convicted, upon the aforesaid indictment, for a misdemeanor, and thereupon, at said term of the court, the court pronounced sentence orally, in open court, sentencing the defendant to pay a…
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Amendment of record. Before Judge Martin. Wilcox superior court. December 11, 1905. At the September adjourned term of the superior court, 1905, the following order was passed: (after stating the case) “Whereas, at the March term, 1905, of said court, the defendant, John W. Tyler, was convicted, upon the aforesaid indictment, for a misdemeanor, and thereupon, at said term of the court, the court pronounced sentence orally, in open court, sentencing the defendant to pay a fine of seventy-five dollars ($75.00), and that in default thereof that said defendant work in the chain-gang on the public…
1Opinion of the CourtAtkinson, J.
In the case of Merritt v. State, 122 Ga. 752, it is ruled, in effect, that oral judgment as pronounced by the court is the real judgment of the court, and if, by clerical omission in writing out the judgment and entering the same upon tlie minutes -of the court, any part of the judgment as orally pronounced is omitted, the records of the court may be afterwards corrected so as to conform to the truth. If done at the same term, the court may make the correction without notice to any one; if at a subsequent term, it must be upon notice to the parties at interest. In the ease at bar no question…
2Cases cited1 opinion
- Merritt v. StateSupreme Court of Georgia · 1905
3Cited by9 opinions
- Rutland v. StateCourt of Appeals of Georgia · 1914
- Gobles v. HayesSupreme Court of Georgia · 1942
- Crowell v. CrowellSupreme Court of Georgia · 1940
- Day v. SmithSupreme Court of Georgia · 1931
- Pulliam v. JenkinsSupreme Court of Georgia · 1923
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