Spann v. State
Supreme Court of Georgia
Certiorari. Criminal law. Insanity after conviction. Before Judge Clark. Webster county. At Chambers, July 23d, 1872. Enoch F. Spann, after his conviction of the‘crime of murder, and after he had been sentenced to be hung, was alleged to have become insane. The sheriff, with the concurrence and assistance of George W. Davenport, Ordinary of Webster county, under the provisions of section 4572 of the Revised Code, summoned a jury of twelve men to inquire into such insanity.
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Certiorari. Criminal law. Insanity after conviction. Before Judge Clark. Webster county. At Chambers, July 23d, 1872. Enoch F. Spann, after his conviction of the‘crime of murder, and after he had been sentenced to be hung, was alleged to have become insane. The sheriff, with the concurrence and assistance of George W. Davenport, Ordinary of Webster county, under the provisions of section 4572 of the Revised Code, summoned a jury of twelve men to inquire into such insanity. On the 16th and 17th days of July, 1872, an investigation of this issue was had before the said jury, the said Ordinary…
1Opinion of the Court
McCay, Judge.
By the laws of England, (and, so far as they are ■ not altered by statute or by the nature of our government, those laws would seem to be of force here) one under sentence of death might be reprieved, that is, the execution of the sentence might, for good reasons, be stayed for a time. This is wholly distinct from the pardoning power, which in England was entirely with the Crown: 4 Black. Com., 394. A reprieve is, technically, with the J udge. Even when it comes from the King it comes in the shape of a hint to the Judge, who is the actor: 2-Hale, 412; 1 Chitty, 758. Ordinarily,…
2Cited by13 opinions
- Baughn v. StateSupreme Court of Georgia · 1897
- State v. NordstromWashington Supreme Court · 1899
- Musselwhite v. StateMississippi Supreme Court · 1952
- Ex Parte ChesserSupreme Court of Florida · 1927
- State Ex Rel. Alfani v. Superior CourtWashington Supreme Court · 1926
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