Dunaway v. Gore

M. M. Gore, upon being convicted of murder, was sentenced to be executed “by the warden of” the “penitentiary” of the State of Georgia, “by electrocution in private within the walls of said penitentiary at Milledgeville, Georgia.” The sentence was about to be executed by B. H. Dunaway as a .warden of the penitentiary. In .a petition by Gore for the writs of injunction and prohibition to prevent the execution of the sentence by Dunaway, it was alleged that Dunaway was superintendent of the penitentiary at Milledgeville but was not the warden *220of said penitentiary at Milledgeville, and that…