Hall v. Matthews

Supreme Court of Georgia
Hall v. Matthews, 80 S.E.2d 167 (Ga. 1954)
210 Ga. 401; 1954 Ga. LEXIS 300
Worrill, Duck-Worth

Hall v. Matthews

Opinion

Worrill, Justice.

“All criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts where the judge is satisfied that an impartial jury cannot be obtained in such county.” Code § 27-1101; Constitution, art. VI, sec. XIV, par. VI (Code, Ann., § 2-4906).

Counsel for the plaintiff in error rely on Barrs v. State, 22 Ga. App. 642 (97 S. E. 86), involving a case where a defendant pleaded guilty in a county other than the county in which the crime was alleged to have been committed, and where it was held that “A party who has been tried and convicted by a court not having jurisdiction of the offense can not plead prior jeopardy if subsequently indicted for the same offense in a court having jurisdiction thereof.”

The above decision was rendered prior to the constitutional amendment (Ga. L. 1939, p. 78) which declares that judges of the superior court “may, on reasonable notice, to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.” Constitution, art. VI, sec. IV, par. VIII (Code, Ann., § 2-3908).

Under the broad powers conferred by the above-stated constitutional amendment, the judge of the Pataula Circuit was not without authority while presiding in the Superior Court of Miller County, to receive the plea of guilty to a crime which was alleged to have been committed in Randolph County, and the judgment against the defendant in the Superior Court of Miller County was not void for want of jurisdiction of the subject matter.

*403 Accordingly, the judge of the trial court did not err in remanding the defendant to the custody of the superintendent.

Judgment affirmed.

All the Justices concur, except Duck-worth, C. J., not participating.

Reference

Full Case Name
HALL v. MATTHEWS, Superintendent
Cited By
5 cases
Status
Published