Gibson v. Gober

• Decision Date: 14 February 1949
• Docket Number: 16473.
• Citation: 51 S.E.2d 664,204 Ga. 714
• Parties: GIBSON v. GOBER.
• Court: Georgia Supreme Court

51 S.E.2d 664

204 Ga. 714

GIBSON v. GOBER.

No. 16473.

Supreme Court of Georgia

February 14, 1949

Syllabus by the Court.

Prior to the constitutional amendment (ratified June 8, 1937) confirming the act to create the Georgia State Highway Patrol (Ga.L.1937, p. 1116), the criminal court of Fulton County had jurisdiction of all misdemeanor cases in Fulton County. The criminal court of Fulton County was not divested in part of its jurisdiction by the provisions of the amendment to the constitution creating the Georgia State Highway Patrol which conferred jurisdiction of certain misdemeanor cases on police courts and municipal courts, in those counties not having a city or county court.

Grady L. Gober was charged with operating a motor vehicle upon the public streets of the City of Atlanta while under the influence of intoxicating liquors. He waived trial by a jury and his trial in the Recorder's court of the City of Atlanta resulted in a fine of $200, or in default of the payment of the fine he was required to work 'on the streets or public works of said city 60 days.' Thereafter Gober filed his petition for a writ of habeas corpus against H. H. Gibson (plaintiff in error), in which it was alleged: The respondent Gibson is illegally detaining the petitioner in the city prison of the City of Atlanta, the respondent being the superintendent of the prison. The cause of the illegal detention is a sentence imposed upon the petitioner by the Recorder of the City of Atlanta, charging him with the offense of operating an automobile under the influence of intoxicating liquors. The offense is fully covered, and made penal, under the laws of Georgia, and was at the time of the alleged offense. The City of Atlanta was without authority to try the petitioner for such offense, there being at the time of the purported trial a duly constituted county court of Fulton County, to wit, the Criminal Court of Fulton County, with authority to try the petitioner for such offense. For the reasons stated, the purported sentence imposed upon him is null and void.

The writ was duly issued by the Judge of the Superior Court of the Stone Mountain Circuit. Gibson filed a response, in which he admitted that the petitioner was being detained in the city prison of the City of Atlanta, located in DeKalb County, pursuant to a sentence imposed by the recorder of the City of Atlanta, for the offense of operating an automobile under the influence of intoxicating liquors. He admitted that the offense was fully covered under the penal laws of the State of Georgia, but denied that the recorder of the City of Atlanta was without authority to try the petitioner for such offense. He denied the allegations of the petition that there was a duly constituted county court, to wit, the Criminal Court of Fulton County, with authority to try the petitioner as alleged, and he denied that the sentence imposed by the Recorder of the City of Atlanta was null and void. After the hearing, an order was entered sustaining the writ of habeas corpus, and the petitioner was released from the custody of the respondent. The exception is to the order releasing the petitioner.

J. C. Savage, J. C. Murphy, J. M. B. Bloodworth and John E. Feagin, all of Atlanta, for plaintiff in error.

Frank Grizzard and Frank A. Bowers, both of Atlanta, for defendant in error.

HEAD Justice.

In the brief of counsel for the plaintiff in error it is stated 'It is apparent * * * that the sole question involved in this appeal is: Was there a city or county court in Fulton County, Georgia, at the time of this trial within the meaning of the constitutional provison [Constitution, art. 6, sec. 6, par. 2, Code, Ann. § 2-4102]?' This constitutional provision is in part as follows: 'The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, * * * in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense...