Supreme Court of Georgia, 1920

Moore v. State

Supreme Court of Georgia · Decided November 12, 1920 · Gilbert

150 Ga. 679; 104 S.E. 907; 1920 Ga. LEXIS 293

Cases that cite this one

14 later published cases cite this decision.

Summerville v. State (Ga. Ct. App. 1943)
Oxford v. Carter (Ga. 1961)
Keener v. MacDougall (Ga. 1974)
McGregor v. State (Ga. Ct. App. 1969)
Maxwell v. State (Ga. Ct. App. 1958)
Adams v. Ricks (Ga. Ct. App. 1955)
Mayor &C. of Athens v. Wansley (Ga. 1953)
Morris v. City Council of Augusta (Ga. 1946)
Connor v. O'Brien (Ga. 1944)
Goldstein v. City of Atlanta (Ga. Ct. App. 1940)
Central of Georgia Railway Co. v. Leonard (Ga. Ct. App. 1934)
Cornwell v. Atlanta Trust Co. (Ga. 1933)
Thompson v. State (Ga. 1921)
Durden v. State (Ga. 1921)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gilbert, J.

1. The “indeterminate-sentence act” (Georgia Laws 1919, p. 387) did not repeal section 1062 of the Penal Code of 1910, which provides that on the recommendation of the jury trying the case, when such recommendation is approved by the presiding judge, the punishment for certain felonies shall be as provided for misdemeanors. The aforesaid act contains no express reference to the code section. Repeals by implication are not favored, and a later statute will not be construed to repeal a prior act on the same sub*680ject where there is no irreconcilable repugnancy between the two. Savannah River Terminals Co. v. Southern Ry. Co., 148 Ga. 180, 185 (96 S. E. 257) ; Sims v. State, 7 Ga. App. 852 (68 S. E. 493).

No. 2016. November 12, 1920.

Questions certified by tlie Court of Appeals (Case No. 11218).

Ben A. Way and J. P. Dulces, for plaintiff in error. J. Saxlon Daniel, solicitor-general, contra.

2. It was reversible error for the court to fail and refuse to charge tlie jury, on the trial of one charged with simple larceny (hog-stealing), that they could recommend, if they saw fit, that the defendant be punished as for a misdemeanor. Johnson v. State, 100 Ga. 78 (25 S. E. 940).

All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.