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Call Now: 904-383-7448No conviction shall work corruption of blood or forfeiture of estate.
- Art. I, Sec. I, Para. XVII.
- Treason and punishment for treason, U.S. Const., art. III, sec. III, cl. 2 and § 44-5-210.
- For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For note, "Vesting Title in a Murderer: Where is the Equity in the Georgia Supreme Court's Interpretation of the Slayer Statute in Levenson?," see 45 Ga. L. Rev. 877 (2011).
This guaranty imposes no restriction upon valid exercise of police power. Atlantic Coast Line R.R. v. State, 135 Ga. 545, 69 S.E. 725, 32 L.R.A. 20 (1910), aff'd, 234 U.S. 280, 34 S. Ct. 829, 58 L. Ed. 1312 (1914), aff'd, 234 U.S. 280, 34 S. Ct. 829, 58 L. Ed. 1312 (1914); Mack v. Westbrook, 148 Ga. 690, 98 S.E. 339 (1919).
By reason of this paragraph, felon or the felon's offspring may take testamentary benefits. Smith v. DuBose, 78 Ga. 413, 3 S.E. 309, 6 Am. St. R. 260 (1887).
- The fact that an heir kills the person from whom the heir expects to inherit will not change the application of the statutes of descent. Hagan v. Cone, 21 Ga. App. 416, 94 S.E. 602 (1917).
When wife dies without issue, husband is her sole heir and his right of inheritance is not forfeited by reason of having murdered her. Crumley v. Hall, 202 Ga. 588, 43 S.E.2d 646 (1947).
- When trial court, in bribery case, ordered confiscation of bribe money and ruled that the money might be used toward payment of a fine assessed in the case, and if the bribe money did not exceed the maximum fine under former Code 1933, § 26-2301 (see now O.C.G.A. § 16-10-2), the confiscation was not tantamount to a forfeiture prohibited under former Code 1933, § 85-1109 (see now O.C.G.A. § 44-5-210) and this paragraph. Hall v. State, 155 Ga. App. 724, 272 S.E.2d 578 (1980).
- Former § 2500 of the Civil Code 1910 (now repealed, but see now O.C.G.A. § 33-25-5), which provided that "death by suicide, or by the hands of justice, either punitive or preventive, releases the insurer from the obligation of his contract," is not unconstitutional as being in conflict with this paragraph and the similar provision of U.S. Const., art. III, sec. III, cl. 1, providing that no conviction "shall work corruption of blood, or forfeiture" of estate. Adams v. Sovereign Camp, Woodmen of the World, 176 Ga. 6, 167 S.E. 604 (1932).
Cited in Caldwell v. Hill, 179 Ga. 417, 176 S.E. 381 (1934); Moore v. Moore, 225 Ga. 340, 168 S.E.2d 318 (1969); Moore v. Moore, 231 Ga. 232, 201 S.E.2d 133 (1973).
- The General Assembly has the authority to enact a statute which proposes the forfeiture of earned retirement benefits of future public employees due to the conviction of a crime; however, an amendment to the Georgia Constitution proposing such a forfeiture by employees who are currently by law vested with rights under the public retirement system would, in all probability, be unconstitutional under the federal Impairment Clause contained in U.S. Const., art. I, sec. X. 1985 Op. Att'y Gen. No. U85-3.
- Revocability of power or agency to collect interest in estate, 7 A.L.R. 947.
Civil effects of sentence to life imprisonment, 139 A.L.R. 1308.