case by writ error (Georgia) · Go Syfert
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case by writ error in Georgia

5 Georgia opinions name it 2 courts 1921–1976 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Freeman v. Browngreen
ga · 1902 · cited in 1 Georgia opinions naming this issue, 1957–1957
2 sentences

1957A fortiori, a new sentence can not be pronounced after the term has passed and the first or original sentence has been either wholly or in part complied with; and no amendment' to the judgment can take place, where to allow it would require the passing of a new sentence.” In Freeman v. Brown, 115 Ga. 23, 27 ( 41 S. E. 385 ) the following appears: “The oral announcement of the judge was no judgment . . .

1957A fortiori, a new sentence can not be pronounced after the term has passed and the first or original sentence has been either wholly or in part complied with; and no amendment' to the judgment can take place, where to allow it would require the passing of a new sentence.” In Freeman v. Brown, 115 Ga. 23, 27 ( 41 S. E. 385 ) the following appears: “The oral announcement of the judge was no judgment . . .

11
Ruffin v. Stategreen
ga · 1921 · cited in 1 Georgia opinions naming this issue, 1921–1921
2 sentences

1921See Ruffin v. State, 151 Ga. 743 ( 108 S. E. 29 ).

1921See Ruffin v. State, 151 Ga. 743 ( 108 S. E. 29 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Porter v. Garmony neutral
ga · 1918
2 sentences

1976Held: Code Ann. § 27-2502 (Ga. L. 1974, pp. 352, 354) recites: "After the term of court at which the sentence is imposed by the judge, he shall have no authority to suspend, probate, modify or change the sentence of said prisoner, except as otherwise provided." In Porter v. Garmony, 148 Ga. 261 (1) ( 96 SE 426 ), the Supreme Court held: "Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chain-gang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court wa

1976Held: Code Ann. § 27-2502 (Ga. L. 1974, pp. 352, 354) recites: "After the term of court at which the sentence is imposed by the judge, he shall have no authority to suspend, probate, modify or change the sentence of said prisoner, except as otherwise provided." In Porter v. Garmony, 148 Ga. 261 (1) ( 96 SE 426 ), the Supreme Court held: "Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chain-gang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court wa

31943–1976
Rutland v. State green
gactapp · 1914
2 sentences

1957Dixon v. Baughn, 149 Ga. 86 ( 99 S. E. 34 ).” In Porter v. Garmony, 148 Ga. 261 (1) ( 96 S. E. 426 ) the following appears: “Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chaingang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court was affirmed, the trial court was without authority at a subsequent term, upon making the judgment of the appellate court the judgment of the trial court, to modify and change the sentence formerly imposed; and where h

1957Dixon v. Baughn, 149 Ga. 86 ( 99 S. E. 34 ).” In Porter v. Garmony, 148 Ga. 261 (1) ( 96 S. E. 426 ) the following appears: “Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chaingang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court was affirmed, the trial court was without authority at a subsequent term, upon making the judgment of the appellate court the judgment of the trial court, to modify and change the sentence formerly imposed; and where h

21943–1957
Dixon v. Baughn green
ga · 1919
2 sentences

1957Dixon v. Baughn, 149 Ga. 86 ( 99 S. E. 34 ).” In Porter v. Garmony, 148 Ga. 261 (1) ( 96 S. E. 426 ) the following appears: “Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chaingang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court was affirmed, the trial court was without authority at a subsequent term, upon making the judgment of the appellate court the judgment of the trial court, to modify and change the sentence formerly imposed; and where h

1957Dixon v. Baughn, 149 Ga. 86 ( 99 S. E. 34 ).” In Porter v. Garmony, 148 Ga. 261 (1) ( 96 S. E. 426 ) the following appears: “Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chaingang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court was affirmed, the trial court was without authority at a subsequent term, upon making the judgment of the appellate court the judgment of the trial court, to modify and change the sentence formerly imposed; and where h

11957–1957
Gobles v. Hayes green
ga · 1942
2 sentences

1943The principle of law contained in the decisions of this court, holding that after the adjournment of the term of court at which the sentence is imposed the judge cannot change and modify it, was not altered by the provisions of section 1 of the act relating to the probation of offenders in certain cases, approved August 16, 1913.” In Rutland v. State, 14 Ga. App. 746 ( 82 S. E. 293 ), the ruling was, that “a new sentence can not be pronounced after the term has passed and the first or original sentence has been either wholly or in part complied with; and no amendment to the judgment can take p

1943The principle of law contained in the decisions of this court, holding that after the adjournment of the term of court at which the sentence is imposed the judge cannot change and modify it, was not altered by the provisions of section 1 of the act relating to the probation of offenders in certain cases, approved August 16, 1913.” In Rutland v. State, 14 Ga. App. 746 ( 82 S. E. 293 ), the ruling was, that “a new sentence can not be pronounced after the term has passed and the first or original sentence has been either wholly or in part complied with; and no amendment to the judgment can take p

11943–1943
Auldridge v. Womble green
ga · 1923
2 sentences

1943In Porter v. Garmony, 148 Ga. 261 ( 96 S. E. 426 ), it was said: “Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chain-gang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court was affirmed, the trial court was without authority at a subsequent term, upon making the judgment of the appellate court the judgment of the trial court, to modify and change the sentence formerly imposed; and where he did pass an order modifying and changing the sentence, s

1943In Porter v. Garmony, 148 Ga. 261 ( 96 S. E. 426 ), it was said: “Where one accused of a misdemeanor was convicted, and at the term at which the trial took place was sentenced to serve a term in the chain-gang, and the accused carried the case by writ of error to the Court of Appeals, where the judgment of the lower court was affirmed, the trial court was without authority at a subsequent term, upon making the judgment of the appellate court the judgment of the trial court, to modify and change the sentence formerly imposed; and where he did pass an order modifying and changing the sentence, s

11943–1943
Mathews v. Swatts neutral
gactapp · 1915
1 sentence

1943The principle of law contained in the decisions of this court, holding that after the adjournment of the term of court at which the sentence is imposed the judge cannot change and modify it, was not altered by the provisions of section 1 of the act relating to the probation of offenders in certain cases, approved August 16, 1913.” In Rutland v. State, 14 Ga. App. 746 ( 82 S. E. 293 ), the ruling was, that “a new sentence can not be pronounced after the term has passed and the first or original sentence has been either wholly or in part complied with; and no amendment to the judgment can take p

11943–1943
Beasley v. Anderson neutral
ga · 1928
2 sentences

1930Beasley v. Anderson, 167 Ga. 470 ( 146 S. E. 22 ).

1930Beasley v. Anderson, 167 Ga. 470 ( 146 S. E. 22 ).

11930–1930

Where else courts name it

GA 5 (1921–1976) IL 3 (1918–1940) TX 3 (1926–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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