Johnson v. Walls, No. 11885.

CourtSupreme Court of Georgia
Writing for the CourtJENKINS, Justice
Citation185 Ga. 177,194 S.E. 380
PartiesJOHNSON. v. WALLS.
Decision Date15 September 1937
Docket NumberNo. 11885.
185 Ga. 177

194 S.E. 380

JOHNSON.
v.
WALLS.

No. 11885.

Supreme Court of Georgia.

Sept. 15, 1937.


Rehearing Denied Dec. 8, 1937.

Syllabus by Editorial Staff.
[194 S.E. 381]

Error from Superior Court, Putnam County; W. A. McClellan, Judge.

Habeas corpus proceeding by James Johnson against Tom Walls, Warden. To review a judgment remanding the prisoner to custody, the prisoner brings error.

Affirmed.

C. B. McCullar, of Milledgeville, and D. D. Veal and S. T. Wingfield, Jr., both of Eatonton, for plaintiff in error.

R. C. Whitman, of Eatonton, for defendant in error.

Syllabus Opinion by the Court.

JENKINS, Justice..

1. There are two systems of parole or probation of force in the state: First, that under which the trial judge may in the sentence provide for the parole of offenders convicted of or punished as for misdemeanors; and second, that under which the prison commission with the approval of the Governor may order probation to all offenders who might be convicted of any offense save those excepted by the statute, after "the minimum sentence fixed by law" has been served, so that the prisoner "may be allowed to go upon parole outside the confines of [the] penitentiary, but to remain within the legal custody and under the control of said Prison Commission, and subject at any time to be taken into custody on order of said Commission" for a "violation of the conditions of his parole, or otherwise." As to the first system, see Code, §§ 27-2702 to 27-2705, inclusive (Ga.L.1913, pp. 112, 114). As to the second, see Code, §§ 77-502 to 77-506, inclusive (Ga.L.1908, pp. 1115-1117; Ga.L.1919, p. 106). Under the first system, the statute expressly provides for a "due examination" by the judge before altering the terms of the original sentence, exempting the person convicted from imprisonment; and there must be notice to him and an opportunity to be heard before imprisonment can be imposed. Roberts v. Lowry, 160 Ga. 494, 128 S.E. 746; Smith v. Veach, 165 Ga. 190, 140 S.E. 356; Plunkett v. Miller, 161 Ga. 466, 131 S.E. 170; State v. Thompson, 175 Ga. 189, 165 S.E. 34. Under the latter system, where by the terms of the original sentence the person convicted has been sentenced to prison, the effect of a revocation of the parole, authorized under the statute "for violation of [its] conditions, * * * or otherwise, " does not exceed or transcend the effect of the original sentence. Nor does it have the effect of making a prisoner of the person not then serving as such,...

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17 practice notes
  • Ex parte Anderson
    • United States
    • Supreme Court of Oregon
    • March 21, 1951
    ...official attempting to revoke is without authority, he would be entitled to be released.' [32 Okl.Cr. 6, 239 P. 697.] In Johnson v. Walls, 185 Ga. 177, 194 S.E. 380, 381, the petitioner in habeas corpus asserted the invalidity of the act of the prison commissioner in revoking a parole which......
  • Sellers v. State, No. 39800
    • United States
    • United States Court of Appeals (Georgia)
    • March 15, 1963
    ...by the court before the probation sentence may be revoked. See Roberts v. Lowery, 160 Ga. 494(2), 128 S.E. 746; Johnson v. Walls, Warden, 185 Ga. 177, 194 S.E. 380. Such due examination means that the probationer be given notice and an opportunity to be heard upon the question of whether he......
  • Varner, In re, No. 35095
    • United States
    • United States State Supreme Court of Ohio
    • May 8, 1957
    ...been proved beyond a reasonable doubt. He does not cease to be a convicted felon merely because he has been paroled. See Johnson v. Walls, 185 Ga. 177, 194 S.E. 380; Bunch v. Clark, 185 Ga. 179, 194 S.E. 382; Mahan v. Buchanan, 310 Ky. 832, 221 S.W.2d 945; and McCoy v. Harris, 108 Utah 407,......
  • Robinson v. Cox, No. 8237
    • United States
    • New Mexico Supreme Court of New Mexico
    • October 17, 1966
    ...241, 250, 69 S.Ct. 1079, 93 L.Ed. 1337, and Williams v. State of Oklahoma, 358 U.S. 576, 79 S.Ct. 421, 3 L.Ed.2d 516; Johnson v. Walls, 185 Ga. 177, 194 S.E. 380; Ex parte Patterson, 94 Kan. 439, 146 P. 1009, L.R.A.1915F 541; Mahan v. Buchanan, 310 Ky. 832, 221 S.W.2d 945; Gulley v. Apple, ......
  • Request a trial to view additional results
17 cases
  • Ex parte Anderson
    • United States
    • Supreme Court of Oregon
    • March 21, 1951
    ...official attempting to revoke is without authority, he would be entitled to be released.' [32 Okl.Cr. 6, 239 P. 697.] In Johnson v. Walls, 185 Ga. 177, 194 S.E. 380, 381, the petitioner in habeas corpus asserted the invalidity of the act of the prison commissioner in revoking a parole which......
  • Sellers v. State, No. 39800
    • United States
    • United States Court of Appeals (Georgia)
    • March 15, 1963
    ...by the court before the probation sentence may be revoked. See Roberts v. Lowery, 160 Ga. 494(2), 128 S.E. 746; Johnson v. Walls, Warden, 185 Ga. 177, 194 S.E. 380. Such due examination means that the probationer be given notice and an opportunity to be heard upon the question of whether he......
  • Varner, In re, No. 35095
    • United States
    • United States State Supreme Court of Ohio
    • May 8, 1957
    ...been proved beyond a reasonable doubt. He does not cease to be a convicted felon merely because he has been paroled. See Johnson v. Walls, 185 Ga. 177, 194 S.E. 380; Bunch v. Clark, 185 Ga. 179, 194 S.E. 382; Mahan v. Buchanan, 310 Ky. 832, 221 S.W.2d 945; and McCoy v. Harris, 108 Utah 407,......
  • Robinson v. Cox, No. 8237
    • United States
    • New Mexico Supreme Court of New Mexico
    • October 17, 1966
    ...241, 250, 69 S.Ct. 1079, 93 L.Ed. 1337, and Williams v. State of Oklahoma, 358 U.S. 576, 79 S.Ct. 421, 3 L.Ed.2d 516; Johnson v. Walls, 185 Ga. 177, 194 S.E. 380; Ex parte Patterson, 94 Kan. 439, 146 P. 1009, L.R.A.1915F 541; Mahan v. Buchanan, 310 Ky. 832, 221 S.W.2d 945; Gulley v. Apple, ......
  • Request a trial to view additional results

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