136 Ga. 681 | Ga. | 1911
Lawrence Latson was arraigned in the city court of Vienna on two accusations, each of which charged a violation of the Penal Code (1910), § 715. He pleaded guilty, and was sentenced to pay a fine, or serve 12 -months on the chaingang in each case. While he was in the custody of the defendant in error as warden or superintendent of the chaingang of Dooly county, his wife applied for a writ of habeas corpus. Upon the trial of the case the statements in the application for the writ and the defendant’s answer thereto were admitted to he true. To the judgment of the court remanding Lawrence Latson to the custody of the defendant in error, and refusing to order his release, the plaintiff in error excepted.
In the ease of Bailey v. State, 158 Ala. 18 (48 So. 498, 499), the court, in a decision involving an act similar to the one above referred to, said: “In Ex parte Riley, 94 Ala. 82, 83, 10 South. 528, 529, it was said:.‘As the intent is the design, purpose, resolve, or determination in the mind of the accused, it can rarely be proved
Judgment affirmed.