188 Ga. 697 | Ga. | 1939
On March 27, 1939, Joseph Wood entered a plea of guilty to an accusation charging him with simple larceny. He was sentenced by Judge McClelland, of the criminal court of Eulton County, to serve six months on the public works. On May 15, 1939, after serving a part of the sentence, Wood sued out a writ of habeas corpus, naming Clarke, the superintendent of the public works, as respondent. He contended in his petition that his sentence was illegal and void, for the reason that it was passed by the same person who, as solicitor of the criminal court of Eulton County, had, on February 17, 1939, drawn the accusation against him, and therefore that he was disqualified to preside and sentence the petitioner. At the hearing of the habeas corpus before Judge A. L. Etheridge, of Eulton Superior Court, Wood admitted that he pleaded guilty, and did not deny that he was guilty as charged. Judge Etheridge overruled the petition and declined to discharge the prisoner, but allowed a supersedeas bond for $200.
The Code, § 24-102, declares that no judge shall sit in any cause in which he has been of counsel. The plaintiff insists that when
The judge did not err in refusing to discharge the prisoner.
Judgment affirmed.