Payne v. State, (No. 3236.)
| Decision Date | 17 August 1922 |
| Docket Number | (No. 3236.) |
| Citation | 153 Ga. 882,113 S.E. 446 |
| Parties | PAYNE. v. STATE. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Officer.]
Certified Questions from Court of Appeals.
Criminal action by the State against W. L. Payne. Judgment for the State, and defendant brought error to the Court of Appeals, which certified questions to the Supreme Court. Questions answered.
H. A. Allen, of Atlanta, for plaintiff in error.
John A. Boykin. Sol. Gen., and E. A. Stephens, both of Atlanta, for the State.
HILL, J. The Court of Appeals desires instruction from the Supreme Court upon the following questions:
1. Sections 270 and 271 of the Penal Code of 1910 are as follows:
Section 271, supra, was evidently taken from the Acts of the General Assembly for the year 1S16, p. 142, entitled "An act to reform the Penal Code of this state, and to adapt the same to the penitentiary system, " and division 8, section 4, on page 171, is substantially the same as section 271, except as to the punishment, which was for a felony, and substantially the same language is to be found in the compilation of the acts of the General Assembly for the years 1810 to 1819, inclusive, by L. Q. C. Lamar. See volume 3, § 4, p. 587, and Prince's Digest of the Laws of Georgia (2d Ed.) 1837, p. 638, §§ 182 and 183, which contains substantially the same definition of the crime of bribery. Section 270 of the Penal Code of 1910 is the same as found in section 10 of the Acts of 1833, p. 172, and is identical in language. The act of 1833, supra, was entitled "An act to reform, amend, and consolidate the penal laws of the state of Georgia." That act by its terms went into effect in 1834. It Will be noted also that sections 10 and 11 of the act of 1833 are substantially the same as sections 270 and 271, respectively, of the Penal Code of 1910, except that section 11 makes the punishment for bribery imprisonment and labor in the penitentiary for a time not less than two years nor longer than ten years, and removal from office. These two sections of the act of 1833 have been carried forward in practically all of the Digests and the Codes of Georgia since that date except as they were changed by the act of 1865-66 (Acts 1865-66, p. 233), which reduced the penalty for bribery from a felony to a misdemeanor. In T. R. R. Cobb's New Digest of Laws of Georgia of 1851, on page 805, sections 10 and 11 are respectively the same as sections 270 and 271 of the Penal Code of 1910, except that section 11 provides a penalty for bribery from two to ten years, and removal from office. It will be perceived, therefore, that these sections of the Penal Code have been brought forward in immediate connection with...
To continue reading
Request your trial
-
Taylor v. State
...overruled. He assigns error on the overruling of his demurrer and on the overruling of his motion for a new trial. 1. In Payne v. State, 153 Ga. 882, 113 S. E. 446, 447, the Supreme Court held that a policeman of the city of Atlanta is an "officer of the State" within the meaning of section......
-
Taylor v. State
...overruled. He assigns error on the overruling of his demurrer and on the overruling of his motion for a new trial. 1. In Payne v. State, 153 Ga. 882, 113 S.E. 446, 447, Supreme Court held that a policeman of the city of Atlanta is an "officer of the State" within the meaning of section 271 ......
-
Taylor v. State
...under section 270 of the Penal Code." The sections referred to are inseparably bound together, and under the reasoning in Payne v. State, 153 Ga. 882, 113 S.E. 446, York v. State, 42 Ga.App. 453, 463, 156 S.E. 733, we are of the opinion that the defendant, Taylor, was an "officer of governm......
-
Taylor v. State
...under section 270 of the Penal Code." The sections referred to are inseparably bound together, and under the reasoning in Payne v. State, 153 Ga. 882, 113 S. E. 446, and York v. State, 42 Ga. App. 453, 463, 156 S. E. 733, we are of the opinion that the defendant, Taylor, was an "officer of ......