DocketNumber: 13739.
Citation Numbers: 15 S.E.2d 710, 192 Ga. 431
Judges: ATKINSON, Presiding Justice.
Filed Date: 6/17/1941
Status: Precedential
Modified Date: 1/12/2023
In this proceeding for the writ of habeas corpus, under the allegations of the petition and the evidence presented on the trial, it was not error to remand the applicant to the custody of the superintendent of public works.
On the hearing of the habeas-corpus proceeding the applicant testified in her own behalf, and gave certain excuses for her failure promptly to pay the $50 referred to in the conditional pardon. These included illnesses and other matters; but her testimony authorized the conclusion that she had been financially able to pay out money for attorney's fees, and perhaps other matters, between the date of the conditional pardon and the date of the tender to the sheriff of the $50 on March 1. There was no dispute as to the fact that she made no tender until after the issuance of the bench warrant for her rearrest on February 27. The judge entered the following order: "Upon hearing evidence and after argument, petitioner Marie Allman is remanded to the custody of A. A. Clarke, superintendent of public works of Fulton County, Georgia." The applicant excepted.
The order quoted above was in effect a ruling that the conditional pardon had never become effective for any purpose, by reason of the failure of the convict to satisfy the condition, and that her tender of the $50 on March 1 came too late. In the recent case of Huff v.Aldredge,
Counsel for the plaintiff in error cite Code, § 77-513 (Ga. L. Ex. Sess. 1937-1938, p. 200): "It shall be the duty of said [Prison and Parole] Commission to provide adequate supervision of all parolees and probationers in this State, also all persons released on conditional pardon and placed by the Governor under the supervision of the said commission." It is insisted that after the executive order of December 5 the Prison and Parole Commission alone had jurisdiction of this convict, and the trial court had no power to issue the bench warrant of February 27 ordering her rearrest. But there is nothing in the record to indicate that this convict was ever "placed by the Governor under the supervision of the said commission." On the contrary it is clear that all the Governor ever did was to offer her her freedom from the sentence which had been imposed, on a stated condition which she never has satisfied, and which she did not offer to satisfy until an unreasonable time had elapsed and a warrant had issued for her rearrest.
In their brief counsel for the plaintiff request that this court require the clerk of the trial court to send up copies of certain other proceedings of record in the court below, these relating to an application for an appeal bond or supersedeas bond, with an order of the court denying such application; and also in the brief is an "assignment of error" on this order. This request is denied. With none of these matters has this court now anything to do. The sole assignment of error in the bill of exceptions is on the order entered in the habeas-corpus proceeding, remanding the applicant to the custody of the superintendent of public works; and accordingly that is the only exception which this court has jurisdiction to consider.
Judgment affirmed. All the Justices concur. *Page 434