Legal Opinion

Lark v. State

Supreme Court of Georgia

Decided July 15, 1875PublishedCited by 9 opinions

Habeas corpus. Practice in the Supreme Court. Criminal law. Sentence. Presumption. Before Judge Gibson. Richmond county. At Chambers. March 25th, 1875. Reported in the opinion.

1Opinion of the Court

Bleckley, Judge.

The relator, plaintiff in error, was sentenced for simple larceny by the county court of Bichmond, in July, 1874. The terms of the sentence were “ to work in the chain-gang on the streets of Augusta, for twelve months.” He sued out a writ of habeas corpus in April, 1875, on the ground that his detention was under this sentence, and that the same was illegal. The return to the writ set- up the sentence as legal warrant and authority. The judge below refused a discharge, and on that refusal a writ of error was prosecuted to this court, and filed here in May, 1875.

1. On the call…

2Cited by9 opinions

  1. Sennott's CaseMassachusetts Supreme Judicial Court · 1888
  2. Riley v. GarrettSupreme Court of Georgia · 1963
  3. Giles v. GibsonSupreme Court of Georgia · 1952
  4. McFarland v. DonaldsonSupreme Court of Georgia · 1902
  5. Ex parte TaniNevada Supreme Court · 1907

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