Cook v. Jenkins
Supreme Court of Georgia
Habeas corpus. Before Judge Smith. Campbell superior court. October 23, 1916. The sentence referred to in the syllabus (supra) was passed by Judge Daniel.
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Habeas corpus. Before Judge Smith. Campbell superior court. October 23, 1916. The sentence referred to in the syllabus (supra) was passed by Judge Daniel. It began with the following words: “On request of the defendant and his counsel in open court, before sentence was imposed, that sentence in this case be so molded as to permit him to leave the State of Georgia, and that he desires to begin a new life elsewhere, and that for that reason he desires that part of the sentence in this case be suspended,” etc. It then imposed the penalties stated in the headnote, and closed with the words: “It…
1Opinion of the CourtHill, J.
1. The general rule is that a judge of the superior court of this State has no authority to suspend execution of a sentence imposed by him in a criminal case, except incidentally to a review of the judgment under which the sentence was imposed. Hancock v. Rogers, 140 Ga. 688 (79 S. E. 558).(a) Where a defendant was convicted of a misdemeanor in selling and keeping intoxicating liquors, and a sentence was imposed directing that he be confined in the county jail for a term of six months, to be discharged upon the payment of a fine of $500, to include the cost; and also that he serve twelve…
2Cases cited1 opinion
- Hancock v. RogersSupreme Court of Georgia · 1913
3Cited by14 opinions
- Ex Parte ThornberrySupreme Court of Missouri · 1923
- Conley v. PopeSupreme Court of Georgia · 1925
- King v. StateCourt of Appeals of Georgia · 1961
- Boykin v. StateCourt of Criminal Appeals of Oklahoma · 1948
- Ex parte DunnSouth Dakota Supreme Court · 1926
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