Kumpe v. Sheriff, (Nos. 6735 and 6736.)

• Decision Date: 14 November 1928
• Docket Number: (Nos. 6735 and 6736.)
• Citation: 167 Ga. 284,145 S.E. 509
• Parties: KUMPE. v. HALL, Sheriff, et al. (two cases).
• Court: Georgia Supreme Court

167 Ga. 284

145 S.E. 509

KUMPE.

v.HALL, Sheriff, et al. (two cases).

(Nos. 6735 and 6736.)

Supreme Court of Georgia.

Nov. 14, 1928.

(Syllabus by Editorial Staff.)

Error from Superior Court, De Kalb County; John B. Hutcheson, Judge.

Separate petitions for writs of habeas corpus by Mrs. J. M. Kumpe against J. R. Hall, Sheriff, and others. Judgment for defendants in each case, and plaintiff brings error. Affirmed.

On July 14, 1928, Mrs. J. M. Kumpe filed a petition for a writ of habeas corpus, in which she alleged that her son, Jimmie Clarke, was illegally deprived of his liberty by J. R. Hall, sheriff of De Kalb county, in the common jail of that county, by virtue of a warrant issued by C. H. Livsey, justice of the peace, charging the offense of abandonment of a minor child, the warrant being based upon an affidavit. The petition alleged that the warrant failed to charge a crime, and prayed that habeas corpus issue, requiring the sheriff to produce said Jimmie Clarke before the court for examination into the cause of the detention. Attached to the petition was a copy of the warrant and affidavit. The affidavit was signed (by mark) by Mrs. Sallie Clarke on May 24, 1928, but neither it nor the warrant issued thereon alleges any exact date for the commission of the offense, the allegation being that it was committed in May, 1928. Attached also to this petition is the commitment of Jimmie Clarke by said justice of the peace to the county jail in default of $100 bond, dated July 12, 1928. The judge, on the day on which the petition was filed, issued the writ of habeas corpus, returnable before him on July 21, 1928. On that date there was a hearing of both plaintiff and defendant, when the former introduced in evidence the said warrant, and the defendant introduced the said commitment and a copy of an accusation growing out of the alleged offense in the city court of Decatur, in which the accused was charged with willfully and voluntarily abandoning his minor child, Bettie, leaving her in a dependent condition. After argument the judge remanded the prisoner to the custody of the sheriff, and the plaintiff excepts to that judgment. Her bill of exceptions names Mrs. Sallie Clarke, as well as the said sheriff, as defendant in error.

On July 19, 1928, the said Mrs. Kumpe filed another petition for habeas corpus in the same court, making the same allegations with respect to another warrant charging the said Jimmie Clarke with the offense of wife-beating. A copy of the...