Sheppard v. State
Supreme Court of Georgia
The Court of Appeals (in Case No. 10997) certified the following questions for decision as necessary to a proper determination of the case: “ The indictment in this case charged the defendant with the commission of a misdemeanor, and was drawn under section 32.9 of the Penal Code of 1910. That section is as follows: ‘If any person, informing or prosecuting under pretense of any penal law, shall compound with the offender, or direct the suit or information to be…
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The Court of Appeals (in Case No. 10997) certified the following questions for decision as necessary to a proper determination of the case: “ The indictment in this case charged the defendant with the commission of a misdemeanor, and was drawn under section 32.9 of the Penal Code of 1910. That section is as follows: ‘If any person, informing or prosecuting under pretense of any penal law, shall compound with the offender, or direct the suit or information to be discontinued,, unless it be by leave .of the court where the same is pending, he shall be guilty of a misdemeanor.’ The indictment…
1Opinion of the CourtAtkinson, J.
1. In the Penal Code of this State, which has the force of statutory law, there are two separate provisions on the subject of compounding. Penal Code, §§ 328, 329. In § 328 it is declared: “ If any person shall take or receive any money, goods, chattels, lands, or. other reward, or promise to compound, or shall for any cause compound any crime or offense punishable with death or imprisonment and labor in the penitentiary, he shall be punished by imprisonment and labor in the penitentiary for not less than one year nor longer than five years.” This law relates to the compounding of felonies,…
2Cases cited1 opinion
- Hays v. StateSupreme Court of Georgia · 1914
3Cited by2 opinions
- Ross v. StateSupreme Court of Georgia · 1942
- Sheppard v. StateCourt of Appeals of Georgia · 1921