170 Ga. 368 | Ga. | 1930
Kenneth J. Scott, at the same term of court, entered pleas of guilty to two misdemeanors. The sentence imposed in each case was that the defendant “pay a fine of two hundred and fifty dollars, . . and be confined for á term of 12 months in the chain-gang.” The sen
1. There was no authority of law for the suspension of the sentences, and a provision in the sentence to that effect is a nullity. Daniel v. Persons, 137 Ga. 826 (74 S. E. 260); Cook v. Jenkins, 146 Ga. 704 (92 S. E. 212); Conley v. Pope, 161 Ga. 462 (131 S. E. 168); Kemp v. Meads, 162 Ga. 55 (132 S. E. 533), and cit.
(a) The above ruling is not affected by reason of the fact that the length of time for which the petitioner was sentenced has expired, where it appeal's that he has not actually served such sentences.
(&) The act of the General Assembly approved August 16, 1913 (Ga. Laws 1913, p. 112), providing for service of sentences under probation, has no application to a sentence like those dealt with in this case. Cook v. Jenkins, supra. Judgment affirmed.