Cantrell v. MAYOR &C. OF MT. AIRY
Cantrell v. MAYOR &C. OF MT. AIRY
Opinion of the Court
(a) “Equity will take no part in the administration of the criminal law. It will neither aid criminal
The only right alleged by the plaintiff in this case is his right as a municipal police officer of the City of Cornelia, Georgia, and as a citizen of this State, to pursue a person into the Town of Mount Airy, Georgia, and there arrest him for violations of
(b) Further, plaintiff is not without an adequate remedy at law. Should he be convicted by the Police Court of Mount Airy, and should the Mayor & Council of Mount Airy affirm that conviction, he may apply for a writ of certiorari to the Superior Court of Habersham County. Phillips v. Mayor &c. of Stone Mountain, 61 Ga. 386, 388, supra; Mayor &c. of Shellman v. Saxon, 134 Ga. 29 (3a) (67 SE 438, 27 LRA (NS) 452). The trial court did not err in sustaining the defendants’ demurrer and dismissing plaintiff’s petition.
The judgment excepted to in the main bill of exceptions being affirmed leaving nothing to be tried below, the cross-bill of exceptions is hereby dismissed. Code Ann. § 6-901.
Judgment on the main bill of exceptions affirmed; cross-bill dismissed.
Dissenting Opinion
dissenting. The second para-
graph of the Constitution (Code Ann. § 2-102; Const. of 1945) declares that “the paramount duty of government” is the protection of persons and property which it obviously must do through officers including this policeman. In pursuing for the purpose of arresting a person who has committed a crime against the person or property of another within the City of Cornelia and is fleeing to escape punishment for his crime, the petitioner, a
The driver of an authorized emergency vehicle when responding to an emergency call, or “when in the pursuit of an actual or suspected violator of the law . . . may exercise the privileges set forth in this section.” (Italics mine). Among the privileges set forth therein that may be exercised are: “proceed past a red or stop signal . . . but only after slowing down as may be necessary for safe operation,” and “exceed the speed limits specified in this law so long as he does not endanger life or property.” Code Ann. § 68-1604 (Ga. L. 1953, Nov. Sess., pp. 556, 565). Code Ann. § 68-1606 of the same title (see statute above) provides that this law shall be uniform throughout all political subdivisions and municipalities, and that “no local authority shall enact or enforce any ordinance, rule or regulation in conflict with the provisions of this law unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this law.”
Thus is established an absolute bar to any law in Mount Airy that seeks to prevent this policeman of Cornelia from running its red lights, its stop signs and exceeding its speed limits when he is in pursuit of an actual or suspected violator of the law but places upon him the duty not to endanger persons or property. The law tells him he can do it; his oath of office demands it of him; but Mount Airy with the sanction of this court defies the law, disregards his right and duties and
Reference
- Full Case Name
- CANTRELL v. MAYOR & COUNCIL OF MT. AIRY Et Al.; And Vice Versa
- Cited By
- 2 cases
- Status
- Published