Home/Supreme Court of Georgia/Morris v. Clark

Morris v. Clark

119 S.E. 303, 156 Ga. 489, 1923 Ga. LEXIS 268
CourtSupreme Court of Georgia
DecidedJuly 21, 1923
DocketNo. 3776
StatusPublished
Cited by9 cases

This text of 119 S.E. 303 (Morris v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Clark, 119 S.E. 303, 156 Ga. 489, 1923 Ga. LEXIS 268 (Ga. 1923).

Opinions

Hill, J.

1. Where one was indicted for a felony under the act of 1910 (Acts 1910, p. 136, Park’s Code, §§ 183(a), 183(b), and entered a plea of guilty, and the trial judge imposed an indeterminate sentence of from one to five years in the penitentiary, such sentence was a nullity, because not in accordance with the provisions of the act of 1910, supra. 12 R. C. L. 1208, § 27; Acts 1919, p. 387, Park’s Code Supp. 1922, § 1081(e).

2. A plea of guilty by the defendant appearing in the record, he can not be discharged, although the sentence is a nullity; and the case is remanded to the court below, with direction that the applicant be taken before the proper court in order that a legal sentence may be imposed upon him in accordance with the inderterminate-sentenee law. Screen v. State, 107 Ga. 715, 718 (33 S. E. 393); Coleman v. Nelms, 119 Ga. 307 (46 S. E. 451); Littlejohn v. Stells, 123 Ga. 42.1 (51 S. E. 390; Pearson v. Wimbish, 124 Ga. 701, 713 (52 S. E. 751, 4 Ann. Cas. 501).

Judgment affirmed, xoith direction.

All the Justices concur. Bussell, G. J., and Gilbert, J., concur specially.

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Cite This Page — Counsel Stack

Bluebook (online)
119 S.E. 303, 156 Ga. 489, 1923 Ga. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-clark-ga-1923.