Myrick v. State

Court of Appeals of Georgia

Myrick v. State

79 S.E. 580, 13 Ga. App. 625, 1913 Ga. App. LEXIS 279

CourtCourt of Appeals of Georgia

DecidedOctober 21, 1913

Docket5074

StatusPublished

Cited by1 cases

This text of 79 S.E. 580 (Myrick v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myrick v. State, 79 S.E. 580, 13 Ga. App. 625, 1913 Ga. App. LEXIS 279 (Ga. Ct. App. 1913).

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Opinion

Pottle, J.

It appears from the record and the brief that the plaintiff in -error was a white man with a wife and children. He became involved in a difficulty with one of his cousins and drew a pistol on him. The cousin did riot institute the prosecution, but was compelled to testify. The accused was convicted of carrying a pistol without a license, but was recommended to clemency by the jury. In spite of this recommendation and the eloquent plea of his counsel which appears in the record, the court imposed an unconditional sentence of two months in the chain-gang. The judge of the superior court approved the sentence on certiorari. It is perhaps true that the sentence was unduly severe, but the judgment imposed was not erroneous, and the authority of this court is limited to the correction of errors of law. There was evidence which authorized a conviction, and no error of law was committed.

Judgment affirmed.

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Pottle, J.

It appears from the record and the brief that the plaintiff in -error was a white man with a wife and children. He became involved in a difficulty with one of his cousins and drew a pistol on him. The cousin did riot institute the prosecution, but was compelled to testify. The accused was convicted of carrying a pistol without a license, but was recommended to clemency by the jury. In spite of this recommendation and the eloquent plea of his counsel which appears in the record, the court imposed an unconditional sentence of two months in the chain-gang. The judge of the superior court approved the sentence on certiorari. It is perhaps true that the sentence was unduly severe, but the judgment imposed was not erroneous, and the authority of this court is limited to the correction of errors of law. There was evidence which authorized a conviction, and no error of law was committed.

Judgment affirmed.

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Bluebook (online)

79 S.E. 580, 13 Ga. App. 625, 1913 Ga. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myrick-v-state-gactapp-1913.

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