Higgins v. Lowry
Cases that cite this one
1 later published case cites this decision.
- Winston v. State (Ga. 1938)
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
Higgins instituted habeas corpus, alleging that while serving a sentence, not yet completed, of twenty years in the State penitentiary, he had been tried, convicted, and sentenced to be electrocuted for the offense of murder; that his detention on such sentence is illegal, and that he should be remanded to the penitentiary to complete the sentence previously imposed.
“It is a general rule that a convict, although• serving his term, may be tried and sentenced for a crime committed either prior or subsequent to the conviction under which he is enduring punishment,” and “the fact that a convict is undergoing sentence in a State prison is no bar to his trial, conviction, and sentence for another and higher grade of offense. The idea that because a convict is under many disabilities he may with impunity commit crime as he has opportunity is untenable.” 13 C. J. 919, § 14. Therefore the court did not err in refusing to remand the applicant to the penitentiary.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.