Legal Opinion

Hines v. State

Supreme Court of Georgia

Decided January 15, 1859PublishedCited by 25 opinions

Certiorari, in Richmond Superior Court. Decision by Judge Holt, at November Term, 1858. John Hines was indicted m the City Court of Augusta, for the offence of selling or furnishing whisky to a slave, without the knowledge or consent of the owner of said slave. The indictment also alleged, that the defendant had been convicted of the same offence, at the May Term, 1856, of said City Court.

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Certiorari, in Richmond Superior Court. Decision by Judge Holt, at November Term, 1858. John Hines was indicted m the City Court of Augusta, for the offence of selling or furnishing whisky to a slave, without the knowledge or consent of the owner of said slave. The indictment also alleged, that the defendant had been convicted of the same offence, at the May Term, 1856, of said City Court. Upon the trial in the City Court, defendant was convicted, and the Judge sentenced him to imprisonment for thirty days, and to pay a fine of two hundred dollars — being the punishment authorized for a…

1Opinion of the Court

By the Court.

Benning J.

delivering the opinion.

The offence charged against Hines, was charged as a second offence. The Court told the jury, “ that no proof of a former conviction, was necessary.” The jury found a general verdict of “ guilty.” Afterwards, the Court itself heard evidence, as to whether the offence was a second one, and on that evidence came to the conclusion, that it was, and sentenced Hines to a punishment much too great for any but a second offence.

We think, that the question, whether the offence ivas a second one, or not, was a question for the jury. In every such question,…

2Cited by25 opinions

  1. Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
  2. State v. FindlingSupreme Court of Minnesota · 1913
  3. State v. SmithSupreme Court of Iowa · 1906
  4. Apprendi v. New JerseySupreme Court of the United States · 2000
  5. Winston v. StateSupreme Court of Georgia · 1938

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