Levar v. State
Supreme Court of Georgia
Indictment for extortion. Before Judge Ross. City court of Macon. June term, 1897. Levar was a constable. He arrested a woman upon a peace warrant, upon the hearing of which she was bound over. She gave the bond, and he demanded the payment of costs, but no payment was made.
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Indictment for extortion. Before Judge Ross. City court of Macon. June term, 1897. Levar was a constable. He arrested a woman upon a peace warrant, upon the hearing of which she was bound over. She gave the bond, and he demanded the payment of costs, but no payment was made. Later the justice who issued the warrant wrote up-and signed an order, that the State recover of this woman $9.20 as costs in the peace-warrant Case; and thereupon issued execution which Levar presented to .the woman, and again demanded payment of the money, under threat to seize and sell her goods. She paid him $5 of the…
1Opinion of the CourtLumpkin, P. J.
1. The first question which this case presents for consideration is: does the action taken by a magistrate upon a peace warrant finally dispose of the case thereby originated, or is it to be returned by him to the superior court for further proceedings? The act of December 24th, 1827, “regulating the proceedings on bonds taken for the security of the peace” (embodied in Cobb’s Digest, pp. 859, 860), made it the duty of any judge of the inferior court, or justice of the peace, by whom a peace bond was required, to return the same, together with the affidavit or affidavits and other evidence in…
2Cases cited2 opinions
- Keith v. StateSupreme Court of Georgia · 1859
- Dickens v. StateSupreme Court of Georgia · 1860
3Cited by12 opinions
- Hopkins v. StateCourt of Appeals of Maryland · 1949
- State v. CooperTennessee Supreme Court · 1908
- McRae v. StateCourt of Appeals of Georgia · 1967
- State Ex Rel. Yost v. ScouszzioWest Virginia Supreme Court · 1943
- Foster v. WithrowSupreme Court of Georgia · 1946
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