Hines v. The State Of Ga.
| Decision Date | 31 January 1859 |
| Parties | John Hines, plaintiff in error. vs. The State of Georgia,defendant in error. |
| Court | Georgia Supreme Court |
Certiorari, in Richmond Superior Court. Decision by Judge Holt, at November Term, 1858.
John Hines was indicted in the City Court of Augusta for the offence of selling or furnishing whisky to a slave, without the knowledge or consent of the owner of said slave. The indictment also alleged, that the defendant had been convicted of the same offence, at the May Term, 1856, of said City Court.
Upon the trial in the City Court defendant was convicted, and the Judge sentenced him to imprisonment for thirty days, and to pay a fine of two hundred dollars—being the punishment authorized for a second offence.
The defendant sued out a certiorari to the Superior Court, and alleged that he had been unlawfully convicted and sentenced, and that errors had been committed in said City Court, in this, viz.:
1st. That the indictment "charged the defendant with selling to or furnishing liquor to a slave, " which were two separate and distinct offences.
2d. That the name of the owner of the slave was not set out in the indictment.
3d. That it having been alleged in the indictment that defendant had been formerly convicted of a similar offence, it was incumbent on the State to prove this fact to the jury; which proof was not furnished, but said City Court held that such proof was not necessary to be submitted to the jury.
4th. That said City Court charged the jury, that furnishing a slave in person with liquor, was prima facie evidence that it was furnished for the slave's own use.
5th. That said City Court, after defendant was convicted, allowed the Attorney-General to establish a copy of the indictment under which defendant was formerly convicted, in lieu of the original, and allowed said officer to prove by his own oath, the contents of said original indictment.
6th. That the said City Court, upon the question of identity, raised by defendant's counsel, upon the motion to pass sentence, allowed the Attorney-General to prove, by his own oath, that defendant was the same person who had been formerly convicted of the same offence—the presiding Judge passing upon that fact and refusing to refer it to a jury, as claimed and moved for by defendant's counsel.
Upon the hearing, and after argument, the Judge of the Superior Court held, that no error had been committed bythe City Court, and dismissed the certiorari; and to this decision defendant excepts.
E. J. Walker, for plaintiff in error.
Attorney-General McLaws, for the State.
By the Court.—Benning, J., delivering the opinion.
The offence charged against Hines, was charged as a second offence. The Court told the jury, "that no proof of a former conviction was necessary." The jury found a general verdict of "guilty." Afterwards, the Court itself heard evidence, as to whether the offence was a second one, and on that evidence came to the conclusion that it was, and...
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Apprendi v New Jersey
...offence"); Plumbly, supra, at 414 (conviction under recidivism statute is "one conviction, upon one aggregate offence"); Hines v. State, 26 Ga. 614, 616 (1859) (reversing enhanced sentence imposed by trial judge and explaining, "[T]he question, whether the offence was a second one, or not, ......
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State v. Albano, 120,767
...to be punished.’ " Albano , 58 Kan. App. 2d at 131, 464 P.3d 332 (quoting Tuttle , 68 Mass. at 506 ).Albano also cites Hines v. The State , 26 Ga. 614, 1859 WL 2341 (1859). There, the jury found a defendant guilty of a second offense after the district court instructed the jury that " ‘no p......
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Massey v. United States
... ... 406, 69 So. 652, L.R.A. 1916C, 278; ... Delaney v. Plunkett, 146 Ga. 547, 91 S.E. 561, ... L.R.A. 1917D, 926, Ann. Cas. 1917E, 685; State v ... Phillips, 109 Miss. 22, 67 So. 651, L.R.A. 1915D, 530; ... Easley Town Council v. Pegg, 63 S.C. 98, 41 S.E. 18; ... State v. Clark, 28 N.H ... 288; People v. Craig, 195 N.Y. 190, 88 ... N.E. 38; Maguire v. State, 47 Md. 485, 496: Hall ... v. State, 121 Md. 577, 89 A. 111; Hines v ... State, 26 Ga. 614. 616; McWhorter v. State, 118 ... Ga. 55, 56, 44 S.E. 873; People v. King, 64 Cal ... 338, 340, 30 P. 1028: People v ... ...
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State v. Albano
...previously convicted of another offense when the indictment charged him with unlawfully selling alcohol as a second offense. Hines v. State , 26 Ga. 614, 616 (1859). The Georgia Supreme Court held that the district court erred because whether the defendant was previously convicted of the sa......