The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-03-12
EXCEPTIONAL MOTION
.,11TY OF A SENTENCE IN sUPE-
non COURT IN QUESTION.

ser Aside the sentence VI
-The Sentence Held to BE
I'll BECAUSE the Statute Does
allow ImprisORment for More
=, six Months for MisdemeanOr.
viii require a Change in the Form
. sentences of Misdemeanor Con-
,..s in superior Court if the Point
Re sustained.
.-,rnsrt was heard by Judge Falligant
~ snnerior Court yesterday upon the
4 ,,ion Of Hon. A. H. MaeDoneh to SET
4. Judgment in the sentence passed
his client, N. D. Screen, who was
- of bigamy at the December term
the court.
,,,n,ton was made of the filing OF the
.o,,on in yesterdays Morning News Inc
...,ion raised by Judge MacDonen Is one
.-.o,tional interest If the point made
him is sustained 1t will require q
,ea in the present form of imposing
. rtsroes for misdemeanor convictions IN
s,nerior Court, to say nothing OF the
oo,t which 1t may have in the cases OF
,ner misdemeanor convicts who were SEN
erced in the same manner and VINO are
40, serving out their sentences.
1nage MacDonell makes the point that
Green's sentence is illegal because he was
Xsntenced to be imprisoned in the county
all for twelve months, whereas the stat
L. limits Jail Imprisonment in misde-
lreanor cases to six months. There Is
otbing TO prevent a judge sentencing a
risdeneanor convict to twelve months ON
he cbain-gang. The law is that mis-
Esmeanor sentence shall not exceed fine
b 81 600. six months imprisonment and
awelye months on the chain-gang, one or
I'm in the discretion of the court. The
3 Eourt might have imposed all three of
sbese penalties in full upon Screen, and
HE sentence could not have been consid-
bred Illegal, but because the sentence spe-
& klaies twelve months Imprisonment, which
n HE law limits the terms of Imprisonment
Fl 10 six months, Judge MacDonell holds the
Ekenlence to be illegal
nj There are two points of special interest
B sn this case. The matter of the form OF
HE sentence now in use In the Superior
ECourt is of no great Importance, as that
Ian be readily changed. 1t is the same
however, that has been in use in
ihe court for thirty-hve years, and per-
#haps longer.
h Under the law Of Georgia the Judge has
the power 60 alter or change a sentence
kduring the term of the court in which the
4. sentence was imposed, under certain con-
Billions, however, but he cannot alter the
sentence after the expiration of the term
'<of the court at which the prisoner was
|fconvicted and sentenced. If Judge Mac
SDonells point that Screens sentence is
#ilegal is sustained the judge will be
b poWerless to amend the sentence and II
.Hmay be necessary to release the prisoner
B The other feature of the case is that SINH
e BAR proceedings might be taken in The
s Eases Of a number of other convicts now
#Eerving misdemeanor sentences of twelve
months on the Chatham county chain
gang.
1t was evidently the intention of the court
20 sentence Screen to twelve months at
la0or on the chain-gang, and as a matter
on fast that it where Screen now is. His
sentence however, as pronounced is for
vi we've months imprisonment. The sem
tence reads as follows:
"nereupon it is considered and ordered
py 'he court that YOU N. D. Screen, do
b pay fne of 500 and all costs. and be
olscharged on payment of said fine and
COSTS but if the said defendant fail to nav
me sald me and costs, it is ordered that
~ 'eu thereot you be imprisoned in the
COMMON jail OF Chatham county for the
spaIV u WE'VE months and that during
& sdu Imprisonment you be put to work at
nara laoor on the chain-gang of said coun-
mat the said sentence is in the alter
a i i,ar.'e, ana when in the alternative the
q ~ .-5' l9o'llheht is part of the punishment
u'u MOI Tor the purpose of enforcing nav
meht Of the fine, and in cases Of 1oiede-
ueahors At is not lawful to pass a sentence
4 VI Imprisonment In the common iaiI Of
4 We county exceeding the space of six
loA'"S' Ihat the said sentence of
Z s pttltloner is that he shall be imnri-
soieu N the common Jail of Chatham,
..7rSs Ior the space of twelve months
90 MAJ punishment in the common iaiI
~, me county is one form Of punishment
ana - 9ueineanors, adopted by the law
and ~ Separate and distinct in its nature
ai ~ tne length of time ii shall rim 10
WIZ involving no work or lab or ana ~ ~
i ss not TO exceed six months9 from mn
49, t-'sht on the chain-gang of the county
CO., may be for such time not to ay.
- we've months, during which tinoa
IN onVlct is to work on the cbain-gane
, NJ tle public works, or on s,cb Els Els
r "o,As as the county authorities NAV ar,l
p'og the chain-gang. e'iA
nat the Judgment and sentence o.
to %'G H. because it confounds the distinc-
b po' IN said two kinds of jmnrison H,,llo
is,i tgl I.' punishment in the comnoon
eai ~ WE'VE months, which is Itself lille
onr r ailo directs that during said imnris-
bars petitioner should be put to work a.
county. ~ '"a'a-sang of said
la. mat the said sentence was furtb.r a.
ue 9p. III Greeting that petitioner be nnt 70
nto al hard' labor, when the law stat-
nm, PtoHiulng how misdemeanors- shan bc
e5i ,'eu does not authorize the court 70
n;g51sse mat person punished as for a
on ,''t ts shall be put to hard" Ia bor
sn,b chaIh-gang of the county. Thai
nr. a sentence is also violative Of tbe
provision in the constitution thar cruel a 'rS
s,S9al punishments shall not he in
ho,- nag said sentence is also illegal as NOT
co'ltr. ~ accordance with the act OF 1895
o,rUed IN section 1889 providing how mis-,
,l.'lhors shall be punished In thar while
pp, ,L5 and Intending to give a chain
ing sentence it falls 10 provide tbat a.