Legal Opinion

Carruth v. Ault

Supreme Court of Georgia

Decided January 7, 1974No. 28259PublishedCited by 9 opinions

1Opinion of the Court

Gunter, Justice.

The only issue in this habeas corpus appeal is the prisoner’s complaint that he was subject to double jeopardy by virtue of receiving punishment administered by officials in the Executive Department of the State Government and by being convicted of a crime committed while a prison inmate, the administrative punishment and the court sentence being assessed for the same act.

The habeas corpus court issued the writ, conducted a hearing, and then entered a judgment remanding the appellant to custody. We affirm that judgment.

The constitutional prohibition against double jeopardy is…

2Cases cited1 opinion

  1. Lowry v. Norris Lake Shores Development Corp.Supreme Court of Georgia · 1974

3Cited by9 opinions

  1. Hendrickson v. StateCourt of Appeals of Georgia · 1981
  2. Moore v. StateCourt of Criminal Appeals of Alabama · 1985
  3. Coggins v. StateCourt of Appeals of Georgia · 1983
  4. Anderson v. StateSupreme Court of Georgia · 1983
  5. Mincey v. HopperSupreme Court of Georgia · 1974

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