Russell v. Tatum
Supreme Court of Georgia
Habeas corpus — certiorari. Before Judge Spence. Worth county. September 20, 1897. On May 24, Í897, to an indictment for burglary, in Terrell superior court, Will Russell pleaded guilty of larceny from the house, and was sentenced as for a misdemeanor, to labor in the chain-gang on the public works of Terrell county, or any other works on which the county authorities might lawfully cause misdemeanor convicts to be worked, for twelve months, and when not so at labor, that he…
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Habeas corpus — certiorari. Before Judge Spence. Worth county. September 20, 1897. On May 24, Í897, to an indictment for burglary, in Terrell superior court, Will Russell pleaded guilty of larceny from the house, and was sentenced as for a misdemeanor, to labor in the chain-gang on the public works of Terrell county, or any other works on which the county authorities might lawfully cause misdemeanor convicts to be worked, for twelve months, and when not so at labor, that he be confined in the common jail of that county or of any other county in which he might be so worked. On July 23, 1897,…
1Opinion of the CourtCobb, J.
That convicts can not be worked in chain-gangs controlled by private individuals is the well-settled law of this State. The Penal Code so declares in express terms, and the same has been announced by this court in two decisions. Penal Code, § 1039; Rountree v. Durden, 95 Ga. 221; County of Walton v. Franklin, Id. 538. The detention of the convict by the private individual who had him in custody was therefore illegal, and the judgment of the court so far as it so declared was proper. Complaint, however, is made that when this conclusion was reached by the county judge it was his duty to have…
2Cases cited2 opinions
- Williams v. MizeSupreme Court of Georgia · 1883
- Rountree v. DurdenSupreme Court of Georgia · 1894
3Cited by13 opinions
- Simmons v. Georgia Iron & Coal Co.Supreme Court of Georgia · 1903
- Loeb v. JenningsSupreme Court of Georgia · 1910
- Cowles v. CarterCalifornia Court of Appeal · 1981
- Littlejohn v. StellsSupreme Court of Georgia · 1905
- Howington v. WilsonSupreme Court of Georgia · 1957
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