151 Ga. 639 | Ga. | 1921
Boscoe Newsome was arrested on a warrant charging him with a violation of the prohibition laws of this State. After a hearing before a justice of the peace, sitting as an examining or committing magistrate, he was committed to jail without bail,' for the offense of manufacturing intoxicating liquors. He applied to the judge of the superior court for the writ of habeas corpus, alleging that he had tendered suitable and sufficient bail and that the committing magistrate had refused to allow it. Upon the hearing, the judge of the superior court ordered that the prisoner be remanded and retained in the custody of the sheriff, and that the writ be discharged. To this order and judgment Newsome excepted.
In 1832 the General Assembly passed an act to alter and amend “an act to make uniform the proceedings against bail in criminal cases.” In the preamble it was recited, “Whereas the laws now of force in this State are susceptible of a construction which enables persons in criminal cases, by repeated renewals and forfeitures of their bail bonds and recognizances, to elude and procrastinate their trial and thereby defeat the ends of justice; for remedy whereof ” it was enacted that “ from and after the passage of this act it shall not be lawful for any person or persons whomsoever to give bail more than twice for the same offence before trial thereof.” Cobb’s Digest, 862. With reference to the hearing before the court of inquiry it was provided by an act approved February 23, 1866 (Acts 1865-66, p. 236), that “Where the cause is postponed to a future day at the instance of dither parly, or by the courtj it shall not be necessary to commit the defendant to jail pending’ the hearing, but he shall have the right to give bail for appearance at the hearing before said court of inquiry; provided, the offence be bailable under the authority of said court.” This provision now appears as a part of section 933 of the Penal Code of 1910. By section 947 of' that Penal Code it is declared: “ If bail is tendered and accepted, no regular commitment need be entered, but a simple memorandum of the fact of bail being taken. A reasonable opportunity Shall
Judgment reversed.