182 Ga. 344 | Ga. | 1936
On May 8, 1935, a defendant who was charged with violation of ordinances of the City of Atlanta was
It has been held: “If a defendant be found guilty of more than one offense, and the imprisonment under one sentence is to commence at the expiration of the other, the sentence must so state; else the second punishment will be executed concurrently, and the defendant will be discharged on the expiration of the longer term. Fortson v. Elbert County, 117 Ga. 149 (43 S. E. 492).” Shamblin v. Penn, 148 Ga. 592 (97 S. E. 520). See also Simmons v. Georgia Iron & Coal Co., 117 Ga. 305 (8) (43 S. E. 780, 61 L. R. A. 739); 16 C. J. 1306, § 3082; 8 R. C. L. 242, § 242; Sullivan v. Clark, 156 Ga. 706 (119 S. E. 913). The foregoing is a statement of general principles applicable to sentences for misdemeanors, in the absence of a different rule provided by statute. By analogy the principle is also applicable to sentences imposed by the recorder’s court in the City of Atlanta for offenses against the ordinances of the city. A different rule is established by statute in cases of convictions of felony: “Where a person shall be prosecuted and convicted on more than one indictment, and the sentences are imprisonment in the penitentiary, such sentences shall be severally executed, the one after the expiration of the other; and the judge shall specify in each the time when the imprisonment shall commence and the length of its duration.” Code of 1933, § 27-2510. But not in relation to convictions of misdemeanors or violations of' municipal ordinances. Nothing said in Murphey v.
Judgment reversed.