Americus times-recorder., 1919-08-24
Ties Hands of Superior
Judge in Fixing of
Penalties.
FELONIES NO MORE.
MAY BE REDUCED
Up to Juries to Convict
and Sentence or
Acquit

The operation of the new inde-
terminate sentence law, creation of
the recent session of the Georgia as
sembly, will be observed for the first
time in Sumter county when the
trials of criminal cases begins at the
special session Of the Superior court
next Wednesday. The grand jury
will meet Monday morning, but the
trial of cases will not begin until
two days later.
This law, which has it's defenders,
but which is generally denounced
or derided by members of the bench
and bar in this section, does away
with the application of discretion on
The part of the judge passing SEN
tence upon a convicted person, and
puts an end to the. past custom or
practice of juries, when Circumstance
ses seem to warrant, of recommend
ing misdeameanor punishment in cas-
es of Indictment for felonies. The
new law, which was signed last week
Governor Dorsey and is now in effect,
provides that the jury in cases not
punishable by life imprisonment,
shall fix minimum and maximum
sentences which may not be chang
ed by the judge, and which leaves
nothing for the judge to do after
charging the jury but to receive and
announce the verdict and pronounce
the sentence fixed. In cases of
pleas of guilty the judge is required
to fix minimum and maximum penal
ties in passing sentence.
The law prescribes that the prison
commission shall make rules where
by prisoners after serving the min
imum sentences may be released Oh
parole.
Text of the Act.
Following is the text of the act:
Section /. Be it enacted by the
general assembly of Georgia, and
it is hereby enacted by authority
of the same that from and after
the passage of this act that the
Jury in their verdict on the trial of
all cases of felony, not punishable
by life Imprisonment, shall pre-
scribe a minimum and maximum
term, which shall be within the
minimum and maximum prescribed
| by law as the punishment for said
crime, and the judge imposing the
sentence shall commit said convict
ed person to the penitentiary in
accordance with the verdict of the
Jury; Provided, that in the cases of
plea of guilty, then the judge shall
have the right to prescribe such
minimum and maximum term as he
shall see fit. The prison commission
shall fix rules by which said con-
vict, after serving the minimum
sentence, may be allowed to COM
plete his term without the confines
Of the penitentiary upon comply
ing with said rules.
Section q Be it further enact
ed that all laws and parts of laws
in conflict with this act are here
by repealed.
1t is said by those in a position
to know that the act, known as the
Flynt- Mundy law, was proposed by a
member Of the legislature was sus-
pected of desiring to make as unim-
portant as possible the Office of Su
perior court judge, in order to salts
fy a matter of personal feeling
against a Georgia jurist. The bill
was seized with avidity by a large
number Of legislators for one reason
or another, and passed after hard
fight. 1t was said to have been OPP
posed by most of the better class of
lawyer members of both houses, and
was generally regarded by them as a
sturid act Even Governor Dorsey,
in signing il, is said to have remarked
m r