Avery v. State
Court of Appeals of Georgia
Motion for discharge of prisoner; from city court of Oglethorpe —Judge Greer. July 25, 1918. The facts in the agreed statement were as follows: “ (1) There were pending three cases in city court of Oglethorpe against movant, and the same against five brothers, which last had not been arrested.
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Motion for discharge of prisoner; from city court of Oglethorpe —Judge Greer. July 25, 1918. The facts in the agreed statement were as follows: “ (1) There were pending three cases in city court of Oglethorpe against movant, and the same against five brothers, which last had not been arrested. Movant was convicted before Hon. Z. A. Little-john, presiding, and a jury, and defendant was sentenced for twelve months on the chain-gang, and after serving five months could be relieved upon the payment of a fine of' $200. A motion for new trial was-made and is now pending. (2) The movant importuned…
1Opinion of the CourtBroyles, P. J.
1. A judge in this State has no authority to suspend the execution of a sentence imposed by him in a criminal case, except as an incident to a. review of the judgment. Neal v. State, 104 Ga. 509 (30 S. E. 858, 42 L. R. A. 190, 69 Am. St. R. 175); O’Dwyer v. Kelly, 133 Ga. 824 (67 S. E. 106); Daniel v. Persons, 137 Ga. 826 (74 S. E. 260); Short v. Dowling, 138 Ga. 834 (76 S. E. 359); Hancock v. Rogers, 140 Ga. 688 (79 S. E. 558); Cook v. Jenkins, 146 Ga. 704 (92 S. E. 212); Norman v. Rehberg, 12 Ga. App. 698 ( 78 S. E. 256).
2. It is clear, from the agreed statement of facts set out in the bill…
2Cases cited7 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- Daniel v. PersonsSupreme Court of Georgia · 1912
- Cook v. JenkinsSupreme Court of Georgia · 1917
- Hancock v. RogersSupreme Court of Georgia · 1913
- O'Dwyer v. KellySupreme Court of Georgia · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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