Legal Opinion

Towns v. State

Court of Appeals of Georgia

Decided July 13, 1920No. 11461PublishedCited by 3 opinions

Motion to set aside judgment; from city court of Eloyd county — Judge Nunnally. April 7, 1920. Application for certiorari was denied by the Supreme Court.

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Motion to set aside judgment; from city court of Eloyd county — Judge Nunnally. April 7, 1920. Application for certiorari was denied by the Supreme Court. The defendant moved to set aside the part of the order placing him on probation which requires payment of $10 per month to the probation officer, to be applied to the support of his child so long as the child “ is not in his custody,” because this part of the order “is illegal, contrary to law, void, beyond the authority and power of the court, because, defendant . . having paid the fine and costs assessed against him, the court has no…

1Opinion of the CourtBloodworth, J.

In this case the following judgment was rendered: “Lee Towns having been convicted of abandonment of child is this day sentenced to pay a fine of $25.00 and all costs of this prosecution, and serve six months in the chain-gang of Floyd county. However, it is ordered that Lee Towns, upon payment of said fine and costs, is hereby given leave to serve said sentence without the confines of the chain-gang, provided the aforesaid person shall maintain a correct life and indulge in no unlawful, disorderly, injurious, or vicious habits; shall avoid places and persons of disreputable or harmful…

2Cited by3 opinions

  1. Buice v. BryanSupreme Court of Georgia · 1956
  2. Swanson v. StateCourt of Appeals of Georgia · 1928
  3. Joiner v. StateCourt of Appeals of Georgia · 1935

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