Howington v. Wilson, 19887
| Decision Date | 08 November 1957 |
| Docket Number | No. 19887,19887 |
| Citation | 100 S.E.2d 726,213 Ga. 664 |
| Parties | Gordon HOWINGTON v. C. W. WILSON. |
| Court | Georgia Supreme Court |
Syllabus by the Court
It was error to sustain a general demurrer to the petition for the writ of habeas corpus, seeking the petitioner's remand to the custody of the Sheriff of Jackson County.
E. C. Stark, Commerce, Davis & Davidson, Jack S. Davidson, H. W. Davis, Jefferson, for plaintiff in error.
Alfred A. Quillian, Sol. Gen., Winder, Jeff C. Wayne, Gainesville, for defendant in error.
ALMAND, Justice. $The exception under review is to a judgment sustaining a general demurrer to a petition for habeas corpus.
In his petition, Gordon Howington alleged that on August 31, 1957, he was confined to the county jail of Jackson County in the custody of the Sheriff of that county by virtue of an indictment for murder, which was returned by the grand jury of Jackson County; that, on said date, the Judge of Jackson Superior Court, without being requested to do so by the Sheriff of Jackson County, entered an order directing the Sheriff to transfer the petitioner to the county jail of Hall County to be held by the Sheriff of Hall County until further order of the court. The reason assigned in that order of transfer was that the continued confinement of the petitioner in the Jackson County jail until the next term of court in February 1958 'will tax the jail facilities of said county that will be needed for the handling of other prisoners.' It is contended that this order of transfer was void, and that the petitioner is now in the custody of the Sheriff of Hall County, the respondent named in the writ, solely by virtue of this order of transfer. It was prayed that the petitioner be remanded back to the custody of the Sheriff of Jackson County.
We have been cited no provision of law, nor have we found any, that would authorize the judge to enter the order that was entered in this case. It is apparent from our statutes that the custody of a defendant, pending his trial under an indictment for a criminal offense, is in the Sheriff of the county wherein the offense was committed, and the responsibility for his safe and secure confinement in jail is that of the Sheriff. Code §§ 27-409, 27-801, 24-2813, 24-2822, 77-101, 77-102, 77-108. Among the duties of the Sheriff is that he 'take all prisoners arrested, or in execution under any criminal or civil process, to the jail of an adjoining county, or to the jail of some other county when more...
To continue reading
Request your trial
-
Gates v. State
...responsibility of the police to take security measures to assure the safe and secure confinement of a prisoner. See Howington v. Wilson, 213 Ga. 664, 100 S.E.2d 726 (1957). Here was a murder suspect being transported away from the jail where he was being held. It was natural for the police ......
-
Manders v. Lee, 01-13606.
...sponte determination that a particular jail is insecure. See In re Irvin, 254 Ga. 251, 328 S.E.2d 215, 218 (1985); Howington v. Wilson, 213 Ga. 664, 100 S.E.2d 726, 727 (1957). By contrast, sheriffs themselves have the authority under certain conditions to commit persons in their custody to......
-
Whiddon v. State
...and are responsible for the welfare of all prisoners who may be confined in their jails. Code Ann. Ch. 77-1. In Howington v. Wilson, 213 Ga. 664, 100 S.E.2d 726 (1957), the trial court had ordered sua sponte that a prisoner awaiting trial be transferred to a jail in another county because h......
-
Irvin, In re
...of Appeals, arguing that he could not be held in wilful contempt of the transfer order since under the holding of Howington v. Wilson, 213 Ga. 664, 665, 100 S.E.2d 726 (1957), "the sheriff and not the judge of the court has the authority to transfer a prisoner awaiting trial to a jail in an......