Burge v. Mangum

On June 21, during the May term, 1909, George Burge was convicted and sentenced in the superior court in Fulton county. Judge S. P. Gilbert, of the Chattahoochee circuit, presided. The sentence was not executed, and on November 30, 1909, Judge L. S. Boan, of the Stone Mountain circuit, presiding, the prisoner was resentenced. While he was in the custody of the sheriff, and under sentence of the court, Mrs. Mary E. Burge, the mother of George Burge, instituted habeas-eorpus proceedings for his discharge. It was contended that his detention as a convict was illegal, because the court at which…