181 Ga. 517 | Ga. | 1935
Garland Turner was indicted at the' May term, 1933, of the superior court of Bacon County, for the offense of assault with intent to murder, and was tried and found guilty and sentenced to serve nine months on the chain-gang, subject to
1. The evidence before the ordinary was conflicting on the issue of fact, that is, whether the officer or officers of court agreed to accept the promise of a third party to pay the fine, and that the petitioner was thereby discharged from the sentence.
2. The petitioner had not served any part of the sentence or paid the fine; and therefore he was not entitled to a discharge on habeas corpus. Neal v. State, 104 Ga. 509 (30 S. E. 858, 42 L. R. A. 190, 69 Am. St. R. 175); Short v. Dowling, 138 Ga. 834; Etheridge v. Poston, 176 Ga. 388 (168 S. E. 25).
3. For the reasons above stated, the court did not err in refusing to sanction the petition for certiorari.
Judgment affirmed.