Legal Opinion

Johnson v. State

Supreme Court of Georgia

Decided January 22, 1923No. 3237PublishedCited by 5 opinions

1Opinion of the CourtHines, J.

The Act of Aug. 18, 1919 (Ga. Laws 1919, p. 387), provides "that the jury in their verdict, on the trial of all cases of felony not punishable by life imprisonment, shall prescribe a rúinimum and a maximum term, which shall be within the minimum and maximum prescribed by law as the punishment for said crime. Under this law, can the jury fix the same term of imprisonment as the minimum and maximum term? The statute does not declare that the minimum and maximum terms shall be different. All the statute requires is that the jury "shall prescribe a minimum and maximum term, which shall be within…

2Cases cited5 opinions

  1. Hay v. CollinsSupreme Court of Georgia · 1903
  2. Smith v. StateSupreme Court of Georgia · 1903
  3. Wells v. StateSupreme Court of Georgia · 1902
  4. Powell v. StateCourt of Appeals of Georgia · 1920
  5. Loyd v. StateSupreme Court of Georgia · 1920

3Cited by5 opinions

  1. Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
  2. Camp v. StateSupreme Court of Georgia · 1938
  3. James v. State of GeorgiaCourt of Appeals of Georgia · 1946
  4. Smith v. BalkcomSupreme Court of Georgia · 1961
  5. Golden v. BalkcomSupreme Court of Georgia · 1964

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