4 Ga. App. 388 | Ga. Ct. App. | 1908
The question presented by this writ of error is whether one who is confined in jail, not as a part of the enforcement of the sentence of a court, after conviction, but merely for safe-keeping, can be convicted of the offense of escape, under the provisions of §314 of the Penal Code. The plaintiff in error had been convicted of the offense of simple larceny and sentenced to work in the chain-gang, on the public works, for twelve months, with the alternative of paying a -fine of $50. In this previous case, after his motion for a new trial had been overruled, he sued .out a writ of error, assigning error upon the judgment refusing a new (rial, and the judgment of the lower court was "reversed by the Supreme Court. The fact, however, that the Supreme Court set aside the conviction is not material, especially as the plaintiff in error effected his escape while the writ of error was pending in the Supreme Court. The evidence in the present case is uncontradicted that plaintiff in error escaped from the jail of Spalding* county after he was .convicted of the offense of simple larceny. And it is also equally true that the confinement in jail was not included in the sentence, as a method of punishment. No supersedeas was applied for or granted after the certification of the bill of exceptions. It is plain, therefore, that while the defendant was legally confined in jail, this confinement was only for safejkeeping, and not as a part of the sentence of the court in the case of simple larceny.
Section 314 of the Penal Code, under which this plaintiff in error was convicted in the present case,'is as follows: “If any person shall be convicted of an offense below the grade of "felony, and shall escape from the chain-gang or other place of confinement or
It is probable that the defendant in the present case did not ask a supersedeas, and was confined in jail simply because he was unable to make bond; and this is generally trué in similar cases. When he secured his liberty he did not escape from the sentence of the court, because he had not been sentenced to be confined in jail. He simply gave “leg-bail," instead of more substantial recognizance. Judgment reversed.