Jobe v. State
Supreme Court of Georgia
Indictment, from Catoosa county. Tried before Judge Crook, at November Term, 1858. James S. Jobe, the plaintiff' in error, was indicted for keeping and maintaining a lewd house. Upon the return of the verdict of guilty, the presiding judge directed the solicitor general to take an order that defendant be fined twenty-five dollars, and imprisoned thirty days.
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Indictment, from Catoosa county. Tried before Judge Crook, at November Term, 1858. James S. Jobe, the plaintiff' in error, was indicted for keeping and maintaining a lewd house. Upon the return of the verdict of guilty, the presiding judge directed the solicitor general to take an order that defendant be fined twenty-five dollars, and imprisoned thirty days. The presiding judge, at the request of defendant’s counsel and one of his securities, to increase the fine and remit the imprisonment, and also not to permit the sheriff to place the defendant in jail that night, stated in open court that…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
The only question in the case is, whether, before judgment of the court in a criminal cause is entered upon the minutes, and while it is yet under the control of the court, it is competent for the judge to change it?
We apprehend there can be no doubt of the power of the court to do so, especially when, as in this case, the court is solicited by the defendant to l-e-consider the sentence which it has orally pronounced, with a view to its modification.
Judgment affirmed.
2Cited by6 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Rutland v. StateCourt of Appeals of Georgia · 1914
- United States v. HoweCourt of Appeals for the Second Circuit · 1922
- Plain v. StateSupreme Court of Georgia · 1878
- People v. SullivanNew York Court of General Session of the Peace · 1907
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