Legal Opinion

Johnson v. State

Supreme Court of Georgia

Decided March 2, 1905PublishedCited by 12 opinions

Accusation of escape. Before Judge Willis. City court of Columbus. January 16, 1905.

1Opinion of the CourtCobb, J.

1. Under the principles of the common law as it is recognized in the law of this State, one who has been convicted of crime and delivered into the custody of the officer of a lawful chain-gang is guilty of an escape, under the Penal Code, §314, if he voluntarily leaves' such custody, though prior to the escape he was not fettered, but was treated as a “trusty ” and allowed some measure of liberty not allowed to other convicts. 11 Am. & Eng. Enc. Law (2d ed.), 296; Jenks v. State, 63 Ark. 312 ; Riley v. State, 16 Conn. 50.

2. Where the sentence is in the alternative, it is no defense to a…

2Cases cited1 opinion

  1. Jenks v. StateSupreme Court of Arkansas · 1896

3Cited by12 opinions

  1. People v. LovercampCalifornia Court of Appeal · 1974
  2. People v. WhippleCalifornia Court of Appeal · 1929
  3. Branson v. StateCourt of Criminal Appeals of Texas · 1975
  4. State v. PalmerSuperior Court of Delaware · 1950
  5. State v. AlberigoArizona Supreme Court · 1973

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