172 Ga. 524 | Ga. | 1931
Nollie Brown, on August 6, 1929, entered a plea of guilty to the charge, of vagrancy in the criminal court of Atlanta, and was sentenced to serve twelve months on the public works of Pulton County. On November 8, 1929, that court suspended this sentence at the discretion of the court. On September 24, 1930, the judge revoked his order suspending said sentence, upon the ground that the defendant had violated the condition upon which the sentence was suspended; and directed tji'e sheriff to déliver him •to the warden of the public works of Pulton County to serve the
The defendant haying been released from custody under a void order of the court before completing service of his sentence, it was not error for the judge hearing the application for habeas corpus to adjudge that he be remanded to custody to serve the remainder of his sentence. Every phase of this question has been discussed and settled by prior adjudications of this court. Conley v. Pope, 161 Ga. 462 (131 S. E. 168); Kemp v. Meads, 162 Ga. 55 (132 S. E. 533); Scott v. McClelland, 162 Ga. 443 (133 S. E. 923); Smith v. Jackson, 164 Ga. 188 (138 S. E. 52); Watters v. Betts, 171 Ga. 826 (156 S. E. 671). His sentence was not tolled by the period during which he did not serve in the chain-gang by reason of the void order of the judge suspending his sentence; and- he was properly remanded to serve the remainder of his sentence.
Judgment affirmed.