Mika v. State, Nos. 14580, 14581.
| Court | Supreme Court of Georgia |
| Writing for the Court | JENKINS, Justice |
| Citation | 26 S.E.2d 616 |
| Docket Number | Nos. 14580, 14581. |
| Decision Date | 07 July 1943 |
| Parties | MIKA. v. STATE (two cases). |
26 S.E.2d 616
MIKA.
v.
STATE (two cases).
Nos. 14580, 14581.
Supreme Court of Georgia.
July 7, 1943.
Rehearing Denied July 19, 1943.
Error from Superior Court, Monroe County; G. Ogden Persons, Judge.
Bruno Mika, alias Gnatek, and another were convicted of robbery by force and violence, and they bring error.
Affirmed.
James R. Venable, F. Joe Turner, and Frank A. Bowers, all of Atlanta, Frank B. Willingham, Sol. Gen., of Forsyth, for plaintiffs in error.
T. Grady Head, Atty. Gen., and L. C. Groves, Asst. Atty. Gen., for defendant in error.
JENKINS, Justice.
1. These cases, which involve convictions under one verdict, in the same trial, and with the same exceptions, are decided together.
2. The Supreme Court rather than the Court of Appeals has jurisdiction of these writs of error under an indictment for robbery by open force and violence (Ga.L.1937, pp. 490, 491; Code Supp. § 26-2502), since the statute imposes the death penalty unless the jury shall recommend mercy as provided, and the constitution gives exclusive jurisdiction to this court of writs of error in all "cases of con-
[26 S.E.2d 617]viction of a capital felony." Code, § 2-3005, Const。 art. 6, § 2, par. 5. Jurisdiction turns, not on what punishment is actually imposed, but on whether a conviction is had "of a capital felony." Thus this court has jurisdiction of the bill of exceptions where one is convicted of murder, even though under the jury's recommendation the defendant is sentenced only to life imprisonment; whereas when under a murder indictment one is convicted, not of murder, but of a lower grade of homicide such as manslaughter this court is without jurisdiction, since the defendant has not been convicted of the capital felony as charged. Cassar v. State, 127 Ga. 710 (1), 712, 57 S.E. 66; Dawson v. State, 130 Ga. 127, 133, 60 S.E. 315. See Reams v. State, 24 Ga.App. 135(1), (3), 100 S.E. 230, and cit.; Simpson v. State, 12 Ga.App. 292(3), 77 S.E. 105. The cases here involved were not robbery by intimidation under the Code, §§ 26-2501, 26-2503, which is punishable by imprisonment for not less than two years nor more than twenty years, and the jurisdiction of which is therefore in the Court of Appeals. Meriwether v. State, 189 Ga. 746(2, 3), 8 S.E.2d 72. Here the indictment charged that the robbery was committed not only "fraudulently" but "by force and violence" and "with force and arms, " and the judge thus correctly construed the indictment in charging the jury, and in not submitting to them any issue as to robbery by intimidation. See Harris v. State, 191 Ga....
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Neal v. State, No. S11A1663.
...appellate jurisdiction over cases in which the accused was found guilty of a capital felony. See, e.g., Mika v. State, 196 Ga. 473(2), 26 S.E.2d 616 (1943) (jurisdiction depends on whether there is a conviction of a capital felony and not on what punishment is actually imposed). See also Da......
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Patrick v. State, No. 35200
...the judge to intimate his opinion on the evidence. Pritchett v. State, 92 Ga. 65(7), 18 S.E. 536 (1893); Mika v. State, 196 Ga. 473(4), 26 S.E.2d 616 (1943); Mitchell v. State, 134 Ga.App. 376(8), 214 S.E.2d 593 10. Appellant complains that the trial court erred during the sentencing phase ......
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Elvine v. State, No. 16697.
...of guilt should be received with great caution.' " Cantrell v. State, 141 Ga. 98(2), 80 S.E. 649; Mika v. State, 196 Ga. 473(5), 26 S.E.2d 616. Judgment affirmed. All the Justices...
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Ellington v. State, No. 16387.
...of an appropriate written request to do so, was not error. Pierce v. State, 132 Ga. 27, 63 S.E. 792; Mika v. State, 196 Ga. 473(5), 26 S.E.2d 616. 5. Where on the trial of one charged with murder the State introduced evidence of declarations of the defendant after the alleged killing, which......
-
Neal v. State, No. S11A1663.
...appellate jurisdiction over cases in which the accused was found guilty of a capital felony. See, e.g., Mika v. State, 196 Ga. 473(2), 26 S.E.2d 616 (1943) (jurisdiction depends on whether there is a conviction of a capital felony and not on what punishment is actually imposed). See also Da......
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Patrick v. State, No. 35200
...the judge to intimate his opinion on the evidence. Pritchett v. State, 92 Ga. 65(7), 18 S.E. 536 (1893); Mika v. State, 196 Ga. 473(4), 26 S.E.2d 616 (1943); Mitchell v. State, 134 Ga.App. 376(8), 214 S.E.2d 593 10. Appellant complains that the trial court erred during the sentencing phase ......
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Elvine v. State, No. 16697.
...of guilt should be received with great caution.' " Cantrell v. State, 141 Ga. 98(2), 80 S.E. 649; Mika v. State, 196 Ga. 473(5), 26 S.E.2d 616. Judgment affirmed. All the Justices...
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Ellington v. State, No. 16387.
...of an appropriate written request to do so, was not error. Pierce v. State, 132 Ga. 27, 63 S.E. 792; Mika v. State, 196 Ga. 473(5), 26 S.E.2d 616. 5. Where on the trial of one charged with murder the State introduced evidence of declarations of the defendant after the alleged killing, which......