Roberts v. Lowry
| Decision Date | 19 June 1925 |
| Docket Number | (No. 4844.) |
| Citation | 128 S.E. 746,160 Ga. 494 |
| Parties | ROBERTS. v. LOWRY, Sheriff. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Error from Superior Court, Pulton County; E. D. Thomas, Judge.
Habeas corpus by Billie Roberts against J. I. Lowry, Sheriff of Pulton County Petitioner was remanded to the custody of the sheriff, and she brings error. Affirmed.
Billie Roberts filed a petition for habeas corpus against the sheriff of Fulton county. She alleges that the sheriff is illegally restraining her of her liberty, by keeping her confined in jail; that one of the pretended causes of her restraint and confinement is an alleged warrant issued by the judge of the criminal court of Atlanta, charging her with being a fugitive from justice, and the other cause of such restraint and confinement is a purported order passed by the judge of said court, directing her confinement in the chain gang at the state farm; that neither of said processes is legal, as she has never been a fugitive from justice, and has never been given an opportunity to be heard on the question of whether or not she is or has been a fugitive from justice, or has otherwise violated the probation laws of Georgia.
In his answer to the writ, the sheriff makes these allegations: As sheriff he is holding petitioner, she having been lawfully lodged with him by the probation officer of the criminal court of Atlanta, she being charged with the violation of the terms of the order of the court under which she was placed on probation, and at the time of the institution of this suit she was being held for appearance before the judge of said court for the disposition of said charge for violating the terms of her probation. He denies that petitioner is held under any warrant issued by the judge of said court charging her with being a fugitive from justice, but she is being held under the circumstances above stated. She was sentenced, in the criminal court of Atlanta, on May 1, 1924, upon an accusation charging her with a misdemeanor, to serve 8 months at the state farm. She served 35 days at said institution under said sentence. On June 5, 1924, the judge of said court passed an order putting her upon probation. That the order of probation provided that she should return to Alabama and live with her father, and that if she came back to Atlanta the probation was to be revoked, and the order reserved the right to revoke the probation at any time when the court, in its discretion, believed that the conduct of petitioner justified it. On June 25, 1924, petitioner violated her probation by coming back to Atlanta and proceeding thence immediately to Florida, where she remained from June 26, 1924, until December 8, 1924, when, upon her return to Atlanta, she was immediately rearrested, and, upon showing of the probation officer made before the judge of the criminal court of Atlanta, in the absence of the petitioner, the judge passed an order reciting that it had been made to appear to the court that petitioner had violated the order of probation, and that she be remanded to the common jail of the county to await her delivery to the proper authorities to...
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