Johnson v. State
| Citation | 122 Ga. 172,50 S.E. 65 |
| Parties | JOHNSON. v. STATE. |
| Decision Date | 02 March 1905 |
| Court | Supreme Court of Georgia |
ESCAPE—WHAT CONSTITUTES—DEFENSES—PAYMENT OF FINE—EVIDENCE.
1. Under the principle of the common law as it is recognized in the law of this state, one who has been convicted of crime and delivered into the custody of the officers of a lawful chain gang is guilty of an escape, under Pen. Code 1895, § 314, if he voluntarily leaves such custody, though prior to the escape he was not fettered, but was treated as a "trusty" and allowed some measure of liberty not allowed to other convicts. 11 Am. & Eng. Enc. Law (2d Ed.) 296; Jenks v. State, 63 Ark. 312, 39 S. W. 361; Riley v. State, 16 Conn. 50.
[Ed. Note.—For cases in point, see vol. 19, Cent. Dig. Escape, § 7.]
2. Where the sentence is in the alternative, it is no defense to a prosecution for escape that the convict, several months thereafter, paid the amount of his fine to the sheriff.
3. It is no defense to a prosecution for escape that the defendant left the chain gang to avoid unmerited punishment at the hands of the officers.
[Ed. Note.—For cases in point, see vol. 19, Cent. Dig. Escape, § 7.]
4. The evidence demanded the verdict. The statement of the accused was practically a confession of guilt, and there was no error in overruling the motion for a new trial.
(Syllabus by the Court.)
Error from City Court of Columbus; J. L. Willis, Judge.
William Johnson was convicted of an escape, and brings error. Affirmed.
B. S. Miller and S. T. Pinkston, for plaintiff in error.
Peter Preer, Sol., for the State.
COBB, J. Judgment affirmed. All the Justices concur.
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