Short v. Dowling

• Citation: 76 S.E. 359,138 Ga. 834
• Parties: SHORT v. DOWLING, Mayor, et al.
• Decision Date: 14 November 1912
• Court: Supreme Court of Georgia

76 S.E. 359

138 Ga. 834

SHORT v. DOWLING, Mayor, et al.

Supreme Court of Georgia

November 14, 1912

Syllabus by the Court.

F. L. Short instituted habeas corpus proceedings against J. L. Dowling, mayor, and J. A. Collier, marshal, of the town of Doerun. On the trial it appeared that in December. 1911, Short was convicted in the mayor's court for a violation of a municipal ordinance and given an alternative sentence. An appeal was entered to the mayor and council. The defendant not having paid the fine, nor served out the sentence, the marshal, in August, 1912, arrested him. Thereupon the habeas corpus proceedings were instituted, in which the following contentions were made: (a) That the criminal docket of the municipal court showed that the case had been dismissed against him, and that he had been released from any sentence by the officers of the town, who had informed him that the case had been dismissed, and allowed 10 months to elapse from the imposition of the sentence before attempting to enforce it, it being declared that to enforce the sentence under the circumstances would be contrary to public policy; (b) that the period for which he was sentenced had expired, and the sentence thereby executed. Held, relatively to the dismissal, the evidence was sufficient to authorize the trial court to find that an entry of dismissal appearing on the mayor's docket related to dismissal of the appeal at the defendant's request, rather than to dismissal of the case.

Under the ruling in the case of Neal v. State, 104 Ga. 509, 30 S.E. 858, 42 L.R.A. 190, 69 Am.St.Rep. 175, and cases cited, as applied to the evidence adduced on the trial, the court did not err in adjudging that the sentence had not been executed.

Nor upon any other theory advanced was the case of such character as to show error in remanding the prisoner to the custody of the officer.

Error from Superior Court, Colquitt County; W. E. Thomas, Judge.

Habeas corpus by F. L. Short against J. L. Dowling, Mayor, and others. Judgment for defendants, and petitioner brings error. Affirmed.

Alfred R. Kline, of Moultrie, for plaintiff in error.

J. D. McKenzie, of Moultrie, for defendants in error.

ATKINSON, J.

Judgment affirmed. All the Justices concur.