Kirkland v. Lowry

Dick Kirkland filed a petition for mandamus against J. I. Lowry, sheriff of Pulton County. The court sustained a general demurrer and dismissed the petition, and the plaintiff excepted. The petition contained the following allegations: On September 17, 1931, J. B. Kirkland pleaded guilty in the criminal court of Atlanta of the offense of possessing intoxicating liquor. The court thereupon imposed upon the accused a fine of $50, and sentenced him to serve for the period of six months upon the public works of Pulton County, but suspended the sentence as to servitude in the discretion of the…