Porter v. Garmony
Supreme Court of Georgia
Petition for mandamus. Before Judge Wright. Walker superior court. July 11, 1917. At the August term, 1915, of the superior court of Walker County, Marvin Hatfield was convicted of a misdemeanor, and was sentenced to serve a term of twelve months in the chain-gang. The defendant made a motion for a new trial, and gave bond. His motion for a new trial was overruled, and he excepted, suing out a writ of error to the Court of Appeals.
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Petition for mandamus. Before Judge Wright. Walker superior court. July 11, 1917. At the August term, 1915, of the superior court of Walker County, Marvin Hatfield was convicted of a misdemeanor, and was sentenced to serve a term of twelve months in the chain-gang. The defendant made a motion for a new trial, and gave bond. His motion for a new trial was overruled, and he excepted, suing out a writ of error to the Court of Appeals. That court affirmed the judgment of the lower court. Hpon presentation of the remittitur from the Court of Appeals the superior court passed the following order:…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) The court did not err in refusing to grant a mandamus absolute in this case. While we are of the 'opinion that so much of the order set forth in the statement of facts as purports to modify the original sentence in the case was void, and that the original sentence continued to be a valid, subsisting, and unexecuted sentence, proceedings' for a writ of mandamus were not maintainable under the facts. When the term at which the sentence imposed expired the judge was without authority to change it, and an order purporting to change and modify it was void.…
2Cases cited4 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- Daniel v. PersonsSupreme Court of Georgia · 1912
- Mathews v. SwattsCourt of Appeals of Georgia · 1915
- Hall v. MartinSupreme Court of Georgia · 1911
3Cited by19 opinions
- Carlson v. LandonSupreme Court of the United States · 1952
- Gobles v. HayesSupreme Court of Georgia · 1942
- Heard v. GillSupreme Court of Georgia · 1948
- Pulliam v. JenkinsSupreme Court of Georgia · 1923
- Long v. StanleySupreme Court of Georgia · 1946
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