Roper v. Mallard
| Decision Date | 11 March 1942 |
| Docket Number | 14047. |
| Citation | 19 S.E.2d 525,193 Ga. 684 |
| Parties | REPER v. MALLARD, Sheriff. |
| Court | Georgia Supreme Court |
Rehearing Denied March 30, 1942.
W. G. Neville, of Statesboro, for plaintiff in error.
B H. Ramsey, Sol., of Statesboro, for defendant in error.
Syllabus Opinion by the Court.
1. The Code, § 27-2506, providing for the punishment of misdemeanors, is as follows: 'Except where otherwise provided, every crime declared to be a misdemeanor shall be punishable by a fine not to exceed $1,000, imprisonment not to exceed six months, to work in the chain gang on the public roads, or on such other public works as the county or State authorities may employ the chain gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge.' Cook v Jenkins, 146 Ga. 704(1 a), 92 S.E. 212; Scott v McClelland, 162 Ga. 443, 445, 133 S.E. 923; Hathcock v. State, 88 Ga. 91(5), 98, 13 S.E. 959. Accordingly, since the statute does not permit a longer sentence than 12 months on the public works, a sentence providing that the defendant 'pay a fine of $75 including costs, and in default thereof * * * serve six months on the public-works camp of [the] county, or on the public works of such other county or on such public works as the proper authorities may direct--the term of service [to] be computed as from date of sentence * * * 12 months, additional but probated during good behavior,' is illegal in so far as the six months service on the public works in lieu of the payment of the $75 fine is concerned. But since the imposition of the fine in addition to the 12 months' service on the public works was legal, and was satisifed by payment, the illegal alternative of the additional six months in the event the $75 and not been paid would not operate to render the 12 months' sentence invalid.
2. Under the act of 1913, Ga.L. 1913, p. 112, Code, § 27-2702 upon conviction of a misdemeanor or felony reduced to a misdemeanor, the court may so mold its sentence as to allow the defendant to serve the same outside of the chain gang, jail, or other place of detention, under the supervision of the court; and one thus serving a sentence on probation is fulfilling his sentence as effectually as if confined in jail or on the chain gang. Accordingly, if after a hearing the order granting such probation is revoked, the time served by the defendant before the revocation must be counted in...
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Anderson v. Sentinel Offender Servs., LLC.
...a sentence on probation is fulfilling his sentence as effectually as if confined in jail or on the chain gang." Roper v. Mallard, 193 Ga. 684, 684(2), 19 S.E.2d 525 (1942) In Shamblin v. Penn, 148 Ga. 592, 97 S.E. 520 (1918), the defendant was convicted of two misdemeanors and sentenced to ......
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Jackson v. State, 35397
...serving a sentence on probation is fulfilling his sentence as effectually as if confined in jail or on the chaingang. ' Roper v. Mallard, 193 Ga. 684(2), 19 S.E.2d 525. Accordingly, and subject only to the differences inherent in the two forms of punishment, a probationary sentence is serve......
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Sawyer v. State, 41602
...a manner that accords with the Act of 1964, amending Code § 27-2506. See Hathcock v. State, 88 Ga. 91(5), 13 S.E. 959; Roper v. Mallard, 193 Ga. 684(1), 19 S.E.2d 525; Davis v. State, 30 Ga.App. 183, 117 S.E. 267; King v. State, 103 Ga.App. 272(3), 119 S.E.2d 77, and Judgment affirmed with ......