Carruth v. Ault, 203 S.E.2d 158 (Ga. 1974). · Go Syfert
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Carruth v. Ault, 203 S.E.2d 158 (Ga. 1974). Cases Citing This Book View Copy Cite
26 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Smith v. Lott (gactapp, 2012-07-16)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Smith v. Lott
Ga. Ct. App. · 2012 · confidence medium
Corp., 231 Ga. 547, 548 ( 203 SE2d 169 ) (1974) (affirming grant of summary judgment where the appellate record did not contain a transcript of evidence considered by trial court on motion and appellant did not request that a transcript of the proceedings be filed for inclusion of record on appeal; holding that court must necessarily assume trial court was correct in its findings); compare Sapp v. Canal Ins.
discussed Cited as authority (rule) Shirley Smith v. Alfred Lott
Ga. Ct. App. · 2012 · confidence medium
Corp., 231 Ga. 547, 548 ( 203 SE2d 169 ) (1974) (affirming grant of summary judgment where the appellate record did not contain a transcript of evidence considered by trial court on motion and appellant did not request that a transcript of the proceedings be filed for inclusion of record on appeal; holding that court must necessarily assume trial court was correct in its findings); compare Sapp v. Canal Ins.
discussed Cited as authority (rule) Sun-Pacific Enterprises, Inc. v. Girardot
Ga. Ct. App. · 2001 · confidence medium
Corp., 231 Ga. 547, 549 ( 203 SE2d 169 ) (1974). 9 (Punctuation and footnote omitted.) Magnus Homes v. DeRosa, 248 Ga. App. 31, 33 (2) ( 545 SE2d 166 ) (2001). 10 (Punctuation omitted.) Dee v. Sweet, 218 Ga. App. 18, 21 (2) (b) ( 460 SE2d 110 ) (1995), citing Famiglietti v. Brevard Med.
cited Cited as authority (rule) Gainesville Glass Co. v. Don Hammond, Inc.
Ga. Ct. App. · 1981 · confidence medium
Corp., 231 Ga. 547, 549 ( 203 SE2d 169 ) (1974).
discussed Cited "see" Anderson v. State (2×)
Ga. · 1983 · signal: see · confidence high
See, Carruth v. Ault, 231 Ga. 547 ( 203 SE2d 158 ) (1974); Middlebrook v. Allen, 234 Ga. 481 ( 216 SE2d 331 ) (1975); Horne v. Hopper, 238 Ga. 140 ( 231 SE2d 735 ) (1977); United States v. Bryant, 563 F2d 1227 (5) (5th Cir. 1977), cert. denied, 435 U. S. 972 (98 SC 1616, 56 LE2d 65) (1978); United States v. Lepiscopo, 429 F2d 258 (9) (5th Cir. 1970), cert. denied, 400 U.S. 948 (91 SC 255, 27 LE2d 254) (1970); United States v. Hedges, 458 F2d 188 (10th Cir. 1972).
cited Cited "see" Dulock v. Shiver
Ga. · 1977 · signal: see · confidence high
See Lowry v. Norris Lake Shores Development Corp., 231 Ga. 547 ( 203 SE2d 169 ) (1974).
discussed Cited "see" Wood v. State (2×)
Ga. Ct. App. · 1977 · signal: see · confidence high
See Carruth v. Ault, 231 Ga. 547 ( 203 SE2d 158 ) (1974); Gilchrist v. United States, 427 F2d 1132 (5th Cir., 1970).
Retrieving the full opinion text from the archive…
Carruth
v.
Ault
28259.
Supreme Court of Georgia.
Jan 7, 1974.
203 S.E.2d 158
Howard Carruth, pro se., Arthur K. Bolton, Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.
Gunter.
Cited by 9 opinions  |  Published
Gunter, Justice.

The only issue in this habeas corpus appeal is the prisoner’s complaint that he was subject to double jeopardy by virtue of receiving punishment administered by officials in the Executive Department of the State Government and by being convicted of a crime committed while a prison inmate, the administrative punishment and the court sentence being assessed for the same act.

The habeas corpus court issued the writ, conducted a hearing, and then entered a judgment remanding the appellant to custody. We affirm that judgment.

The constitutional prohibition against double jeopardy is not violated when a prisoner is subjected to Executive Department punishment for an act committed while a prison inmate and is then prosecuted and convicted in a court of law for having committed a crime. This is so even though the crime and the act for which administrative punishment was assessed were one and the same. See Gilchrist v. United States, 427 F2d 1132 (5th Cir. 1970), and United States v. Lepiscopo, 429 F2d 258 (5th Cir. 1970).

Judgment affirmed.

All the Justices concur.