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137 Ga. 439

Roberts v. Wansley

Supreme Court of Georgia

Decided January 12, 1912

Supreme Court of Georgia · decided 1912-01-12

<p>Habeas corpus. Before Judge Brand. Franklin superior court. May 24, 1911.</p>

Relies on Wall v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1912-01-12

How this case has been cited

Cited by 7 later decisions (1 by the Supreme Court) — most recently November 1942

6 state decisions

301912192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Eish, C. J.

¶11. A judge of the superior court of this State has no authority to suspend the execution of a sentence imposed by him in a criminal case, except as incidental to a review of the judgment under which the sentence was imposed. Wall v. Jones, 135 Ga. 425 (69 S. E. 548), and cases cited.

¶2(a) The statement of the judge in orally passing sentence upon the accused, where the written sentence imposed a fine of one hundred and fifty dollars and also imprisonment in the chain-gang for the term of twelve months, that so much of the written sentence which was subsequently entered upon the minutes of the court as related to the imprisonment of the accused in the chain-gang was suspended on condition that the accused would not again commit the same offense for which he had been convicted, was ineffectual to suspend that portion of the sentence.

¶32. Accordingly, under the evidence in the present case, the judge did not err in refusing to discharge the applicant for habeas corpus from the custody of the chain-gang to which he had been sentenced.

¶4Judgment affirmed.

All the Justices concur, except Sill, J., not presiding.
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