Survey of criminal court procedure in Georgia. Official project no. 65-34-4543-p ; a Works progress administration project

SURVEY OF CRIMINAL COURT PROCEDURE IN GEORGIA
Official Project No. 65-34-~5~3
A
WORKS PROGRESS ADMINISTRATION PROJECT
Sponsored By THE STATE DEPARTMENT OF PUBLIC WELFARE OF GEORGIA

CONSULTING COMMITTEE Lawrence S. Camp
John D. Humphries, Sr. Ben T. Watkins

Edward Allison Terry, BS, M8 Statewide project Supervisor

William Taylor Thurman, LLB Legal Advisor

1 937

ApPRECIATION
No endeavor involving a great amount of toil can be successfully accomplished by one or even a few individuals. Team work of the highest type amonb individual workers and cooperation with supervisory personnel must be present before desired ends are gained. For the completion of this survey, more than two hundred persons labored diligently. Gathering the basic data from the numerous courthouses scattered allover the State required painstaking and patient effort from the workers, and the direct10n of local assignments called for ingenuity and unfailing energy on the part of the field supervisors and their assistants. A constant vigil against errors was the lot of those charged with editing the schedules, while the tabulation and assembly of the material gathered was an exhaustive undertaking and made long and tedious hours a necessity for completion. Those upon whom fell the task of general supervision of the work take this opportunity to express a deep appreciation not only for the excellent work that was the rule among all of those connected with the project, but more particularly for the fine spirit that was manifested by all of those whose. combined efforts have made this report possible.

FOREWOQO Each of the one hundred and fifty-ni~e county governments of Georgia is charged separately with the duty of combatting lawlessness and maintaining criminal records, and each county has virtually adopted its own methods. Common knowledge and previous criminal studies reveal that the methods, procedure, and records of the law enforcement offices in ma~ of these counties can be adopted to marked advantage by the other counties. Uniformity of records alone would create a tremendous benefit in coordinating and utilizing these data. Systematic exchange of pertinent information would expedite and reduce the cost of apprehending the criminal. Public officials, criminologists, and other experts in government administration have long deplored the absence of reliable and sUfficient information concerning crimes and criminals. These deficiencies are, indeed, aggravated by such lack of uniformity and such multiplicity of county jurisdiction. The Federal Government, through the Works Progress Administration, has undertaken many practical surveys which have given needful employment to ma~ types of non-manual workers. Many of these workers were familiar with court records and procedures; in fact, many had had legal trainin~. With the crying need today for remedies to relieve an appalling crime situation, and with a similar need existing in the unemployment problem, it was thought relief for both could be effected by conducting a survey of this nature. This survey was planned to enable the authorities to deal more intelligently with Georgia's criminal question. It contains facts and figures of definite value in directing public attention to conditions which require more intensive study or immediate rectification.
u~t~n.f~ for the Northern District of Georgia Former'Attorney General of Georgia
.9~.tJ.H~ Ju~e Superior Court Atlanta Circuit
(/~~~,
Chie~ of Police of Macon Former President Peace Officers'
Association of Georgia
111

TABLE OF CONTENTS

PREFACE MECHANICS

CHAPTER I

CRIMINAL LAW AND CRIMINAL COURTS Substantive Law of Crime Viewpoints of CriminalProoedure The Routine of Criminal Prooedure

CHAPTER II

LAW ENFORCEMENT The Sovereign's Peaoe The Conservation of the Peaoe

CHAPTER III PEOPLE BEFORE THE COURTS

CHAPTER IV

BAIL !;lONDS Statutory and Constitutional Provisions Types of Bail Bonds Bail Bond Praot1oes Professional Bondsmen Amount of Bail Bonds Forfeiture Praotioes Advantages Vested in the Defendant

CHAPT~ V

CASES BEFORE CITY COURTS

CHAPTER VI

CASES BEFORE SUPERIOR COURTS

CHAPTER VII

CRIMES AND SENTENCES

Powers of the Court

Misdemeanor Sentenoes



Probation and Suspension Sentenoes

Reoidiv1sm

Baumes Law

CHAPTER VIII THE APPELLATE COURTS Number of Cases

CHAPTli:R IX CHAPTER X

PROCEDURE AFTER SENTENCE



The Role of the Prison Commission

Disposition of Pr~8oners

. . . THE DEVELOPMENT OF THE GEORGIA COURT SYSTEM

By John D. Humphries, Sr., JUdge Superior Court Atlanta Circuit

Under the Trustees

Under the King

Independenoe of the Crown

The Constitution of 1777

The Constitution of 17g9

The Constitution of 179g

The Constitution of 1961

The Constitution of 1965

The Constitution of 1969

The Constitution of 1977

Conolusion

CHAPTER XI

EXPENSES OF THE SYSTEM

CONCLUDING STATEMENT

APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H

v

Page 1x xi
9 9
10 15
29 29 30 30
31
32 32 33
35 51 65 65 65 71
~a ~~
79 7gO9 g5 g5 g6 gg g9 g9 90 92 92 92
a
97 103
107
109 133 137 14-J. 155 169
175

LIST OF TA~LES

TABLE I TABLE II TABLE III TABLE IV TABLE V TABLE VI TABLE VII TABLE VIII TABLE IX TABLE X TABLE XI TABLE XII TABLE XIII TABLE XIV TABLE XV TABLE XVI TABLE XVII TABLE XVIII TABLE XIX TABLE XX TABLE lOtI TABLE XXII TABLE XXIII TABLE XXIV TABLE XXV TABLE XXVI TABLE XXVII TABLE XXVIII TABLE XXIX TABLE XXX TABLE XXXI TABLE XXXII TABLE XXXIII TABLE XXXIV TABLE XXXV TABLE XXXVI TABLE XXXVII TABLE XXXVIII TABLE XXXIX

Youth casss Adaitted to the Georgia Penitentiary

Page 15

Felons Between Ages 21 and 25 Admitted to the Georgia Penitentiary

15

Race and Sex of Those Aooused of Crime - By Crimes and crime Types

16

Race and Sex of Those Aooused of Crimes - By Age Groups

22

Value of Property Returned for Taxation to Bail Bond Obligations

31

Bail Bond Assesements in Georgia Counties

:;2

Size of Bonds Required in an Urban Georgia County

34

Misdemeanor Cases - By Year in Whioh Docketed

36

Violatione Prohibition Law and Simple Larcencies

37

Dispos1tion of Cases - City Courts

38

~eriQd Between Docketing and Trial of Cases - City Courts

40

Casss Not Tr1ed - City Courts

41

Convi~t10ns and Acquittals - C1ty Courts

42

Pleas of GUilty and Not Guilty- City Courts

44

Convict10ns and Acquittals on Pleas of Not Guilty - C1ty Courts.

45

Trial Procedure in Cases Where Plsas of Not Guilty Were Entered.

46

ConVictions and Aoquittals on Jury Trials - City Courts

4s

Convictions and Acquittals on Non Jury Tr1als - City Courts

49

Disposition of cases - Superior Courts

52

Cases Not Tr1ed - Superior Courts

54

Pleas of Guilty and Not GU11ty - Superior Courts

58

Conv1ct10ns and Acquittals - Supsr10r Courts.

60

Period Between Docketing and Tr1al - Super10F Courts

62

Sentenoes for Convictions of Assault and Battery

66

Total Convict10ns in Relation to Different Type Sentenoes - By Cr1mss 67

Total Convictions in Relation to Different Type Sentences - By Type

68

Fine and Alternative Fine-Detent10ll Sentences

68

Detention Sentences

68

Alternative Fine-Detention Sentenoes.



.."

69

Fine and Detention Sentences

70

Probation Sentences in Relation to the Total Sentences Impoeed

72

Reo1d1vists In Relation to the Total cases Reviewed

73

Releases Granted

80

Pardons - Percent of Min1aua Se9tence Served

81

Pardons - By Crimes.

81

Commutations - Percent of Minimum Sentence Served.

81

Pardons - Commutations - Paroles - By Minimum Sentenoe Imposed

82

Paroles - By Peroent of Minimum Sentence Served

82

Pardons - Commutations - Paroles - Life Imprisonment cases

83

vi

LIST OF ApPENDIX TABLES

TABLE 1 TABLE 2 TABLE 3 TABLE 4 TABLE 5 TABLE 6 TABLE 7 TABLE g TABLE 9 TABLE 10 TABLE 11 TABLE 12 TABLE 13 TABLE 14 TABLE 15 TABLE 16 TABLE 17 TABLE ltl TABLE 19 TABLE 20 TABLE 21 TABLE 22 TABLE 23 TABLE 24 TABLE 25 TABLE 26 TABLE 27
TABLE 29 TABLE 30 TABLE 3J. TABLE 32 TABLE 33
TABLE 311-

Felons Admltted to the Georgia Penltentlar;r Persons Jailed - B7 Crlas ot Whloh Aocused Month b,. Mon~h Varlatlons ot Persona Jailed. Ages ot Persone Accused ot Crlmes Ball Bonds Requlred ln Felon;r and Xlsdemeanor Cases T,.pes ot Ball Bonds Accepted ln Fulton Count,.. Georgia Ball Bond Assessment ln an Urban Georgla Count,. Ba~ 80nd Assessaents ln Georgla Countle. Bond Forteitures ln an Urban Georgla Count,. Collectlons ot Ball Bond Forteltl~es Flnal JUdgments on Ball Bond Forteltures Detalled Llst ot Mlscellaneous Xlsdemeanors Mlsdemeanor Cases - B7 Year ln Whloh Dooketed Xlsdemeanor Cases - B,. Count,. ln Whloh Dooketed Perlod Between Dooketlng and Trlal ot cases Xlsdemeanor and Felon;r Cases - B,. Year ln Whloh Dooketed Illsdemeanor and Felon;r Cases - B7 County ln WhJbh Dooketed Perlod Between DOoketlng and Trlal ot Ca8es Cases Not Tried Sentences tor IIlsd.meanor Cases Sentenoe. tor Felon;r Cases Crlmlnal Cases Betore the Court ot Appeals ot Georgia Crlmlnal cases Betore the Supreme Court ot Georgia Countles trom whlch Cases were Carrled to the Appellate Courts Dlspoeltlon'ot Caees Betore the Court ot Appeals ot Georgla Dlspostlon ot Crlmlnal Cases Betore the Supreme Court ot Georgla Perlod Between Fl1lng ot Cases and Thelr Dlsposal - The Court ot Appeals ot Geargta Period Between Fillng ot Cases and Thelr Dlsposal - The Supreme Court ot Georgia Requesta to the Supreme Court ror Vi'U or Cer~lorarl Relatlon ot Cases Reversed to Cases APpealed Releases Granted Pardons - Commutatlons - Paroles - B7 Xlnlmua Sentenoe I~osed Releases Granted Prlsoners under Lite ,Imprisonment Sentenoe. ln the Georgia Penltentlar;r Humber ot Eaoapes - Fel'on;r Cases in the Georgia Penltentlar;r

Page 109 110 112 113
133
133 1311135 135 136 136 137 134
1110 llW!
143
146
150 152 156 162 \69 170 170 171 171
172
172
173 173
175 175
176 176

vl1

LiST OF CHAIHS, MAPS, AND EXHIBITS

MAP I
CHART I EXHIBIT I EXHIBIT I! CHART I! CHART II! CHART IV
MAP II MAP II! MAP IV

Counties Studied Age of Persons Admitted to Georgia Penitentiary Month by Month Variations of Persons Jailed Ages of Persons Accused of Crimes Bonds for Felony and Misdemeanor Cases Types of Bail Bonds Accepted in Fulton County, Georgia 1926-1935 Types of Bail Bonds Accepted in Fulton County, Georgia - 1935 Counties in Which the City Courts were Studied Cases Rsversed to Cases Appealed Circuits of the Superior Court of Georgia

EXHIBI'l' I EXHIBIT 2 EXHIBIT 3 EXHIBIT II-
EXHIBIT 5
EXHIBIT 6 EXHIBIT 7

Jail Dooket Sohedules Sohedules in Trial Courts Schedules in Appellate Courts Schedule Used for Prison Commission Cases Superior Court Circuits in which the Judges Reoeive Salaries Paid by the County Typioal Recidivist Cases Procedure Used in Gathering Data from Prison Commission

Page x
17 19 20
31
32
33 37 7g
gil-
107 107 108 109
1511155
176

viii

PR.E F A,CE
The state Department of Public Welfare is charged with the duty of collecting, compiling, and pUblishing statistics and information regarding the delinquent, dependent, and defective classes. No factfinding expedition ,regarding delinquent olasses oould be oomplete without some information regarding the operation of the oriminal courts in which these persons are tried.
With the aid of funds from the Amerioan Institute of Criminal Law, the state Department of Publio Welfare in 1924 jl8.de a study of cases ooming before the Superior and City Courts of five representative counties of Georgia. Few studies of this type had then been at-
tempted and the teohnique developed was utilized tw surveys in other
states. The study covered a total of 12,052 oases brought before the oourts during the years 1916 and 1921. Full oredit for its suooess is given to Boyoe M. Edens and Hugh N. Fuller, who were oonneoted with the Department in 1924.
A more extsnsive criminal oourt study was made by Hugh N. Fuller in 1925, when 59,671 oases appearing before six of the largsr oriminal courts during the ten-year period 1916-1925 were surveyed. Suoh qUestions as amount of court business, frequenoy of oertain crimes, time of disposition, certainty of punishment, and type of sentsnce imposed were given particular attention.
The two studies mentioned above were made for the purpose of assisting the officers of the oourt, the judge partioularly, in understanding the work of the court and something about ths persons ooming before it. It is regretted that court reoords do not inolude more of the oase histories of defendants. This fact naturally limits the scope of any oourt stUdy.
Seeing the need for a continuation of or~minal oourt research in Georgia, the Department appealed to the Works Progress Administration of Georgia to approve a proJeot whioh would inolude a survey of a repreeentative group of counties of Georgia. Through the close oooperation of the Works Progress Administration, such a project was undertaken in ths fall of 1935. This survey oovered 234,324 cases from the trial oourts of fifty-seven representative oounties.
With every seotion of the State inoluded in the Survey of Criminal Court Prooedure in Georgia, valuable information regarding the relationship of orime to geographical areas baa been disoovered. This survey, utilizing as it has the pioneer wo~ of the State Department of Public Welfare in former studies, undoubtedly 11'111 furnish a report of oriminal oourt business which will be invaluable to court offioials, students of oriminology, BOolal workers, and the interested pUblio.
The State Department of Public Welfare, as Sponsor of the projeot, wishes to thank the Works Progress Administration for the time and funds expended in this endeaYor.

Atlanta, Georgia February 1, 1937

,,~~.,"
PUblio Welfare

ix

COUNTIES IN WMICH THE SURVEY OF CRIMINAL COU~T PROCEDUQE OPERATED
~@
MAP No.1
x

MECHANICS OF THE SURVEY
Thls survey-,-::' deslgned to determlne how flne the mills of the Georgla court system grlnd, slfted and graded the grlst of the several courts. The sample selected for study contalns s11ght1y more than one-thlrd of the oountles of the state, and a trlf1e more than one-half lts popu1atlon. The period covered is representative of Georgia's current court and orimina1 problems, since it covers the decade closing December 31, 1935. This ten-year period should reflect completely the problems existent not only today, but also those in the days of numerous business failures.
The court system of Georgia i8 built around the oounty as a basic unit. Pr~ctioal1y all types of oounties found within the State were represented in the group chosen. A oomp1ete 11st of these counties is shown on the map on the opposite page.
This survey was planned as a definite part of the Works Progress Administratlon program in Georgia, with a vlew of utilizing the talents of large numbers of people then upon re11ef rolls. Many of these individuals had had experience in and about the oourthouses of the State, and were relatively fami11ar with court procedure and court records. OVer 250 persons were employed at varlous times on this survey. Close supervision was given these people at all tlmes. and they found few difficu1tles in securing the deslred data.
When preliminary reconnalssance was made for this survey, it was discovered that the complete records of a criminal case had to be gathered from several sources. Records of arrests are kept in the offlce of the sheriffs; records of trial are kept in the office of the olerk of the oourt; records after sentence are kept by the Prlson Commission; and reoords of appeals are kept ln the appellate courts. The records of several offlces must be searched before the oomplete record of any indlvidual case can be compiled. It was soon discovered that, except ln a few localities, lt would be imposslble to trace on a single schedule the hlstory of a case from the arrest to final dlspositlon. Therefore, it was decided to dlvide the data gathering into four distinct parts; part one to cover the information regarding the arrest, bonding, or jailing of the aocused; part two to cover the progress of the criminal oase before the trial court; part three to cover the progress before the appellate courts; part four to cover the ~ecords of the Prlson Commlssion.
Each sheriff in the State of Georgla is required by statute to keep a jail docket. Thls jail docket is supposed to contain a record of the age, sex, and color of the person arrested, the crime charged, the date and process uf commltment, and the date and process of release. In Fulton County, lt was possible to place upon the same schedule information concerning the amount of the bond demanded of persons arrested and the information from the sheriff's jail docket. Many sheriffs have record books deslgned to recelve the full information called for in the Code, but in many cases the value of such information was not comprehended, and often the sheriff saw fit to keep only a partlal record of the persons sent to jail. It was found to be unusual for the sheriff to keep a record of all persons arrested. Generally the sheriff kept ln hls jal1 docket such Informatlon as he deemed germane to the case, whlch, in some countles, conslsted only ot the name of the accused, hls age, and the crlme wlth whlch charged. In other countles, the race was consldered of equal lmportanoe, and only ln a very few countles was an accurate record kept of the process of commltment and release. (See Appendlx A, Exhlblt 1, for schedule' used.)
Usually, the record of the trlal courts was more nearly complete than that ln the sherlff's office. However, this was not always the case, since lnoomplete ~cords were found in more than one county. In one oounty, for lnstance, no effort was made by the clerk to lndex hls court dockets. In the trlal courts, lt ls customary to docket each case on a criminal or bench docket. For the 'Superior Court, thls record should be completed by the judge.
In gathering the data as deslred from the trial courts, the workers usually started wlth the criminal docket and secured therefrom a reoord of the begln ning of the case and thence traced the case through the mlnute docket, a dayby-day record of the events before the court, to lts conclusion wlthin that court. In many countles it was necessary at tlmes to complete a schedule by referring to the orlginal papers (warrants, lndictments, accusations). This was possible in practically every county studied. One difficulty encountered in the completion of the schedules in the trial courts was the practice of many sollcitors of using blanket instead of speclflccharges. In one city court, more than ninety percent of the persons before the court were charged with the blanket charge "misdemeanor."
Dlfferent schedules were deslgned for the superlor and city courts, due to certaln general dlfferences in the procedure of these two courts. Where county courts instead of city courts were studled, the same schedule was used for both

~ourts since the procedures within them are quite similar. (Copies of the schedules used in the trial courts will be found in Appendix A, Exhibit 2.)
The ~ata for the ,appellate courts were relatively easy to secure since the records ot'both the ,CO-frrt ot Appeals and the Supreme Court are quite similar and have been kept during the period of the study by the same group of officials. In this particular schedule, effort was made to determine the type of cases securing appeals and the time of disposition of these appeals. (See Appendix A,
Exhibit 3, for schedule used.)
The Prison Commission of Georgia was exceptionally cooperative in aiding the survey crew to gather the desired information from their records. A record of the race and sex of convicted'felons was secured, along with a record of the escapes, time served, and the type of releases granted by the Prison Commission.
(See Appendix A, Exhibit 4, for schedule used.)
This survey has consumed a period of twelve months. More than a month was taken up in making the necessary preliminary reconnaissance so that the workers could secure the desired information with a minimum of difficulty. Approximately three months were spent in gathering the data. The remainder of the time was spent in assembling and tabulating the findings.
In each county where the survey operated, a most cordial reception was tendered the workers by court officials. Where unforeseen minor difficulties were discovered, clerks and sheriffs spent time and thought in aiding the workers to overcome those difficulties. If a duplicate set of records was kept, the sheriff made it possible for two groups of workers to function simultaneously. In most of the counties a special room was set aside in the county courthouse for the workers so that they would not be impeded by havir~ to work in a general office.
G~a,~
state-wide Project Supervisor
g~:l~
Legal Advisor
xii

Chapter I CRIMINAL LAW AND CRIMINAL COURTS

SUBSTANTIVE LAW OF CRIME: Before going into a study of the various aspects of crime, it is proper to set out the definition of orime as given by the Code of Georgia: IA crime or misdemeanor shall consist in a violation of a public law, in the oommission of which there shall be a union or joint operation of act and intention or criminal negligence." (1) To paraphrase the Code, a crime might be said to be the commission of any act which has been deo1ared by law to be against the good and well-being of sooiety, ooup1ed with an intention to do a wrong in that aot.
Since the beginnings of oivi1ized sooiety, orimes have been oata1ogued in two olassifioations: One of gravity and the other of type. Offenses are diVided aooording to gravity into felonies and misdemeanors. As defined by the Code: "The term felony means an offense, for which the offender, on oonviotion, shall be liable to be punished by death or imprisonment in the penitentiary, and not otherwise. Every other orime is a misdemeanor. "IZl An illustration of the difference in grade is the differenoe between assault and battery and assault with intent to murder. Assault and battery is a lesser aot of violenoe upon the person of another, and being less grave, is a misdemeanor. On the other hand, assault With intent to murder is an offense of extreme gravity, and is a felony.
EaCh sovereignty makes its own classification of types of crimes. In Georgia offenses against the State and people constitute the first division aCOOrding to type, and consist of treason, insurrection, and attempts to incite insurrection. The distinguishing mark of these crimes is the fact that they are aimed at the ~~~truction of the sovereignty of the state
(1) Sec. 26-201 Ga. Code of 1933. (21 Sec. 26-101 ibid.

rather than against its good order. The next division has been called crimes
against the person, or crimes of violence, and includes all homicides, as well as the crimes of rape, mayhem, false imprisonment, stabbing, kidnapping, and all criminal assaults. There are three degrees of homicide in the State: Murder, manslaughter, and justifiable homicide. Murder is defined as the unlawful killing of a human being with malice aforethought.~1 It is punishable by death exoept in those cases where the jury recommends mercy.(4) Manslaughter is the unlawful killing of a human being without malice, and may be voluntary or involuntary .'51 Voluntary manslaughter is a homicide committed while the offender is in a state of excitement or passion, thus differing from the deliberation which is a part of the crime of murder, and is punished by confinement in the penitentiary by not less than one nor longer than 20 years!~ Involuntary manslaughter is the killing of a human being while in the performance of an unlawful act or a lawful act which might produce death in an unlawful manner - such as without that due regard for human life which is expected of every ordinary man - and is punished when in the commission of an unlawful act by confinement in the penitentiary for not less than one nor longer than three years, and when in the oommission of a lawful aot, as for a misdemeanor.(7) Justifiable homicide is the killing of a human being in self defense, defense of habitation, et cetera; and also in-. eludes killing by oommand of law, such as an exeoution in pursuance of proper order. (8)
Rape is also a orime against the person. While one of the elements of rape is an offense
(3) Secs. 26-1001 ;26-1002 ibid. (41 Sec. 26-1005 ibid. lSI Sec. 26-1006 ibid. ~l Secs. 26-1007;26-1008 ibid. (7) Secs. 26-1009;26-1010 ibid. (6) Sec. 26-1011 ibid.

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against public morality, still the main feature of the crime is the carnal kneWiedgeof a female without her consent and against her will. This element of force properly brings it within the category of crimes of violence. (ll
Offenses against habitation and other buildin~s form the next grouping of crimes in Georgia, and include arson and other burnings, destruction of property with explosives, and . burglary. The crime last mentioned consists in the breaking and entering of a dwelling or place of business containing articles of value, with the intent to commit a felony or larceny therein. Since an essential element in burglary is the breaking and entering, it belongs to this group of crimes, even though burglary often involves the taking of property. (2)
However, that group of crimes which is related to property is a lRrge one, and embraces all larcenies, embezzlements, criminal trespass, and other miscellaneous crimes of the same nature. Robbery also falls within this category. The distinction between robbery and larceny is the element of force that enters into rnbbery and not into larceny.(3) This element might seem to cause robbery to fall more properly within the classification of crimes of violence, but when it is remembered that the taking of property is the gist of the offense, this classification becomes logical.
No classification of crime would be complete without that group which is against public justice and the functions of the government . Here are found the crimes of perjury, subornation of perjury, and false swearing. The difference between perjury and false swearing lies in the fact that perjury must be committed in the process of a jUd1cial procedure, while false swearing is the false representation of fact under oath outside of judicial procedure.~ Here also
(11 Sec. 26-1301 ibid. (2) Sec. 26-2401 ibid. ~) Secs. 26-2501;26-2601;26-2606 ibid. ~) Secs. 26-4001;26-4003;26-4004 ibid.

are bribery and conspiracy against the state or county, rescuing and harboring criminals, and many other related crimes.
Closely connected to the above are those offenses against the public peace, such as carrying weapons without a permit, dueling, rioting, mob violence, and other disturbances of the public peace and tranquility.
Another large classification are those crimes which are against public morality and decency, public safety, and the general policy of the government in a civilized society. Under the heading of crimes against public morality are bigamy, incest, sodomy, beastiality, adultery and fornication, seduction, and prostitution. None of these crimes entail the element of force found in rape.
Under the heading of public policy are found the offenses of gambling, gaming, lottery, using obscene language, exhibiting obscene pictures, and violations of the regulations protecting minors, as well as violations of tIle laws protecting divine services and the sanctity of the Sabbath Day. Strangely enough, vagrancy also falls within this group, because it is against the public policy of the State to have vagrants within its limits. Forgery, counterfeiting, and unlawful currency fall within a classification to themselves. Then, there is that group of miscellaneous crimes which includes cheating and swindling, malicious mischief, cruelty to animals, and related crimes.
The foregoing are the major classifications of crimes. In addition, many acts have been made offenses because those acts interfere with the proper conduct of the various departments of the State or the exercise of its police powers. Within this group are violations of tax laws, violations of the laws regulating intOXicating liquors, and numerous other acts.
An attempt to commit any crime falls within the same classification as the crime.
Offenders, as well as offenses, have been

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classified in Georgia. Principals in crime are of two degrees~ The princ1pal .in the first degree is the actual perpetrator of the crime;

ment of the individual and society as a whole. VIEWPOINTS OF CRIMINAL PROCEDURE: The administration of any law which requires the active

whereas, the principal in the second degree is
(1)
one who stands b,y, aids and abets the crime.
Further, there may be an accessory before the

direction of a state agency is beset b,y many difficulties, and administration of criminal law is no exception. As one reads through facts and

fact, as one who aids in the planning of a figures relating to criminal law and criminals,

crime; and an accessory after the fact, as one it must be remembered that in dealing with these

who, after full knowledge that a crime has been committed, conceals it and harbors the crimina1~

matters, the human equation must be taken into consideration, and that circumstance msy justify

In the philosophy of criminal law, there is a condition that, viewed from a standpoint of

a third classification which divides crimes into pure efficiency, might appear to be unjustifi-

two groups - those which are mala J,Q. se and those which are mala prohibita. The former is comprised of those crimes which are inherently wrong, such as murder, burglary, theft, rape, et cetera; while the second group is comprised

able. In every criminal law and in every statute
affecting criminal procedure, allowance must be made for and due weight given to three forces: First, the state as a social body in its sover-

of those acts which have been made offenses in the interest of the progress of the state and

eign responsibility for the welfare of its people as a whole; second, the constitutional and

civilization. In the former class the element natural rights of all members of society as in-

of intent is never presumed, but must be proved; diViduals; and third, the practical experiences

while in the second, an intent sUfficient to of the machinery set up by the state for the ad-

sustain the crime is presumed from the commit- ministration of its criminal laws, viz., the

ting of the overt act. With this statement, it court system. Sometimes all factors will work

is easy to harmonize the old saying that "igno- together and a given law will do justice to all

rance of the law is no excuse."

three, but in other instances, the interest of

In the early development of the fabric of two or more may be adverse.

society, offenses were punished for a retribu-

The very nature of a state makes its atti-

tion and compensation to the individual who was tude somewhat different from that of an individ-

harmed. With the progress of civilization, a ua1 in that it is responsible for the we11-be-

wider view has been taken and punishment of ing of its citizens as a whole, and it must con-

crime has no element of vengeance, but the en- sider the ultimate effect of a regulation as to

tire theory of punishment is based on an expec- its beneficient effect on the body politic,

tation that the punishment will be a deterrent for the individual involved and for other per-

rather than upon each individual application. This may mean that in some instances a hardship

sons. Such is the main consideration of the may be worked on a single person or a small

JUdge in passing a sentence, but he is also con- group, but if the general effect on its people

cerned with the surrounding circumstances, the is one of protection against an existing or'

offender's background and character, and other threatened evil and an incentive to the progress

things which make the punishment for a crime a of society as a unit, then the viewpoint of the

humane t~~g designed for the eventual better-
~) Sec. 26-501 ibid. ~J Secs. 26-602;26-604 ibid.

state is satisfied. Much could be said with regard to the rights
of the individual in any given case. The indi-

- 3-

vidual rights and liberties of the Amerioan peo- eaoh separate foroegiven its proper weight be-

ple have been held'jlaored abovec all. else in our government. While it is true that oriminal laws

fore any oriminal law may be said to be a good one, whether it be substantive law, in defining

are intended for the best interest of the many, what is oriminal, or adjective law, in setting

it is equally true that any law whioh denies to up a procedure or administration.

any individual his personal rights whioh are in- THE ROUTINE OF CRIMINAL PROCEDURE: The judioial

herent in our form of government is unfair and system of this State for oriminal jurisdiotion

unjust to not only one individual but to the is composed of three types of oourts, viz.,

whole people, because society, as an aggregate, oourts of inquiry, trial oourts, and appellate

is composed of individuals, and a destruction of courts. Courts of inquiry are oomposed of any

the personal liberty of one is a blow aimed at person haVing the powers of Justice of the

the foundatj)n of a democratic government. This Peaoe, and are oalled into being from time to

does not mean that the state should' not have the time to determine probable guilt of suspeots.

right to curb any unwarranted license of an in-

The trial oourts oonsist of the Superior

diVidual, but any regulation whioh does not re- Court and various oity and oounty oourts. Orig-

tain for the individual all those natural and inal jurisdiotion in the trial of all criminal

oonstitutional liberties which have been found, matters is given to the Superior Court. In or-

by the test of time, to be for the best interest der to lighten the load of the Superior Court in

of all the people, is the rankest despotism. By oounties having larger populations, oity or

~ consideration of those factors may the view- oounty oourts have been oreated and given juris-

point of the individual be preserved.

diotion to try misdemeanor oases.

The last interest which must be oonsidered

For the oorreotion of errors committed in

in any given criminal legislation is the praoti- the trial oourts, an appeal lies to the Court of

oability of enforcement. In other words, the Appeals and to the Supreme Court. The Supreme

question must be answered, "Will the situation Court has retained appellate jurisdiotion in all

to be created by the practical administration of oases of oonviotions of a oapital offense, while

the law be oonsistent with the best funotioning the Court of Appeals has been given appellate

of the state's maohinery as a whole, granting jurisdiotion in other criminal mat ters. (1)

that it has met with the two requirements re-

1011owing the oommission of a orime, an

ferred to above?' A regulation may ~e perfeotly arrest is made whioh is the first physioal hap-

sound in theory but unsound in praotioe, be- pening in the progress of a oriminal oase. In

oause the good it may acoomplish may be insig- the normal oourse of events, an arrest is pre-

nificant in oomparison to the great amount of oeded by the issuance of a oriminal warrant by

investigation required of the solioitor in pre- a judge of the superior oourt, oounty oourt,

paring and oarrying forward a proseoution. justice of the peaoe, or similar judioial 'offi-

LikeWise, the indireot harm it may do to appar- oer.IZl A necessa1'7 step pursuant to the issuanoe

ently unrelated interests of the people, may of a warrant is the sworn allegation by any

render it impraotioal to oarry out. Again, while small good in one direotion may be aooomplished,

person that a crime has been oommitted by a partioular individual.~ The warrant is then served

it may clutter up the works of the court with by a sheriff or constable~'and the person named

litigation to suoh an extent that the whole system may be disrupted.
Thus must all these requirements be met and

(1) Secs. 2-3000;2-3009 ibid. (1) Sec. 27-102 ibid. (:3) Secs. 27-103;27-104 ibid. ~) Secs. 27-105;27-209 ibid.

- 4-

therein is_arre$ted by that officer and carried

before

a

committing

_ (1)
magist~~te.

An arrest may also be made by a private

citizen without a warrant when an offense is

committed in his presence, or whsn a felony has

been committed and it comes to his immediate knowledge and the felon is attempting to escap~~

When this occurs, it is the duty of the arrest-

ing citizen to immediately turn the person he

has arrested over to the nearest officer author-

ized to issue warrants. (3)

The case then progresses to a commitment hearing~) The person named in the warrant may

waive commitment and have the case carried di-

1 rectly

to

a

trial

court

5 )

b

u

t

in the event

he

does not waive commitment, he is carried before

a committing magistrate who will inquire into

the circumstances and evidence touching the matter as soon as is practicable~ The rule of

decision in a magistrate's court is the rule of probable suspicion~?) In other words, if, after

having heard the evidence, the committing magls-

trate feels that there is reasonable grounds of

suspicion that the person before him has com-

mitted the crime charged, or another crime, it

is his duty to bind the person so charged over to a court having jurisdiction of the offense~)

Following the commitment hearing or its

waiver, a person charged with crime can be released from jail by tendering bail;~ The amount

of this bail is assessed by any jUdicial officer and approved by the sheriff:~ Bail for capital

felony cases is a matter of discretion on the

part of the judge of the Superior Court }11)

When the offense is a misdemeanor, the de-

fendant may be charged by the prosecuting of-

ficer of the court on an accusRtion without in-

dictment by the grand jury.(1') It the offense charged is a felony, the person so charged is bound over to the grand jury for consideration at its next meeting~~ If the grand jury finds insufficient evidence for trial, it returns a "no bill' and the defendant is discharged. Two 'no bills' form a permanent bar to further prosecution for that offense~~ When sufficient evidence for trial is present, a 'true bill of indictment' - the formal charge of the State against the accused - is returned to the Superior Court.
While the normal method of bringing a case before the grand jury is by way of a warrant and commitment, the grand jury is authorized to return a presentment on its own initiative which charges a defendant with having committed a crime~~ Such a presentment by the grand jUry has the same force and is treated as an indictment~~
When a true bill is returned by the grand jury, the case is immediately docketed by the clerk of the court~) In city courts, when the accusation is signed by the prosecuting office~~ the case is placed on the docket.
The county in Which a case is tried - the venue of a case - is determined by the place where the crime was committed~q) If, for any reason, the defendant feels that it is impossible for him to obtain a fair trial in that county, he may make a motion for a change in venue, which motion is heard by the court and decision made on the basis of evidenoe presented(~) If the motion is granted, the case is transferred to another oounty and proceeds from there; if the motion is denied, the oase proceeds in the county Where it originated~fj This motion can be made in open court after an indictment has been

(1) Sec. 27-208 ibid.
(2) Sec. 27-211 ibid; 109 Ga. 518. 521. ~ Sec. 27-212 Ga. Code 1933. ~ Sec. 27-401 ibid. (~ Sees. 27-419;27-420 ibid. ~) Sees. 27-208;27-210 ibid. (1) Sec. 27-407 ibid. ~ Sees. 27-407;27-408 ibid. ~ Soc. 27-418 ibid. \0) Sec. 27-801 ibid. QI) Sec. 27-901 ibid.

(IZ) 124 Ga. 30; p. 117 .A.cts. 1935. Q3) Sec. 27-407 Ga. Code 1933. ~4) Sec. 27-702 ibid.
0-5) Sec. 59-304 1bid. ~ Sec. 27-703 ibid; 73 Ga. 205. ~~ Sec. 24-2714 Ga. Code 1933. (18) 63 Ga. 168 (2).
~~ Sec. 27-1101 Ga. Code 1933. (~Sec. 27-1201 ibid. ('21) Sees. 27-1201;27-1202 ibid.

- 5-

returned, and,Js. ~n17 one of a large group of motions whioh may 1>e made onEJ:"0per grounds.
If the defendant, exoept one aocused of a capital offense, feels that his trial is being unreasonably delayed, he may file a formal -demand for trial.n~ This demand is entered on the minutes of the oourt, and the defendant must be tried at the term during which the demand is tiled, or at the next sucoeeding term, provided there are jurorsimpan~lled qualified to try the oase at both terms.(~l If he is not tried at either term, he is automatioally acquitted and must be released from jail, or disoharged if on bond. 1.3)
If the defendant feels that there is some irregularity in the indictment itself, which makes the indiotment void, he may file a form of
pleading known as a "demurrer."w A demurrer, in
effect, states that, admitting all the allegations of the indictment to be true, no orime is charged against the defendant~Ol This pleading is heard by the court and deoided aooording to the law of the case!b) The court may sustain or overrule a demurrer. In the former event, another indictment may be obtained where the defect i. one of form; but if the defect is fatal, it ends this prosecution. When the court over-rules a demurrer, the case proceeds to trial.
The defendant may make a motion "t~ quash" an indictment, which, if granted, ends the proseoution. There .re other special pleas and motions which may be made, such as the -plea of former jeopardy" which alleges that the defendant has been tried before for the same offens~~ These ~t1ons are usually madebefore the arraignment, which consistsin call1ng the defendant before the bar and demanding how he shall plead. H1s plea is entered on the minutes as
III Sec. 27-1901 ibid. ('Zl ibid. (3l ibid. ~) Sec. 27-1501 ibid. (51 9 Ga. App. 537 (2). I6l 61 Ga. 636. ~) Sec. 2-108 Ga. Code 1933; 153 Ga. 119. (1).

either -guilty" or "not guilty."~ Assuming in a particular case that John Doe
has been arrested on a warrant, arraigned, and had any motions which he may have filed overruled, his case is now ready for trial. If his plea has been "guilty", then he is called before the judge who listens to a statement of all the circumstanoes of the case and gives the prisoner the sentence that seems best in his discretion, within the limits provided by statute. ~)
Where the plea has been "not guilty", the procedure in the Superior Court is slightly different from that of the city court, since 1n many of the latter, exoept when the defendant makes a demand for a jury trial, the case is tried before the jUdge, whereas in the Superior Court, the defendant is given a jury trial unless he expressly waives it. Announcement by the state of its readiness to proceed is usually the initial aotion in the trial of a case in the
(lJ)
Superior Court. This step is followed by a similar announoement on the part of the defendant' After the jury is seleoted by the oombined efforts of the defendant, the solicitor general, and the oourt, the state opens the proseoution by the introduction of eVidence.~~
At the olose of the evidenoe for the state, the defendant may make a motion for a direoted verdict~~ If the oourt feels that the state has produoed no evidenoe whioh could be considered by a jury toward the conviction of the defendant, the oourt may direot the jury to return a verdict of "not guilty" and the trial is ended there;~) If, on the other hand, the oourt sees fit to over-rule such a motion, the defendant proceeds to introduce his evidence. After the evidenoe is in, arguments are presented by the defendant and by the state. The oourt then 1n-
(~ Sec 27-1404;27-1405 Ga. Code 1933. (9) Sec 27-2503;27-1404 ibid. (IQ Sec. 27-1902 ibid. (11) ibid. (l'2l Secs. 59-809;59-704 ibid. (13/ 11 Ga .A.pp. 15; 19. (}.4)ibid.

- 6-

struots th&.Jur.y~1) !he Jury retires and makes up its verdiot '~hioh it l~~r presents in open oourt~l In the event the verdiot is -not guilty, the defendant is thereby aoquitted forever on that oharge~ and the oase is ended, sinoe the state has no right to appeal:4-l
If the verdiot is -guilty-, the Jury has oertain prerogatives regarding the sentenoe whioh vary with the grade of the orime. In a oapital oase, the Jury may return a verdiot of guilty with a reoommendation for meroy, in whioh event the reoommendation is mandatory upon the oourt, and the oourt must sentenoe the defendant to life imprisonment~l The Jury is authorized to fix the sentenoe for the defendant within the limits presoribed by statute for felonies of less than oapital grade~ or it may in oertain oases reoommend that the defendant reoeive a misdemeanor sentenoe~) This latter reoommendation is not mandatory upon the oourt and may be disregarded if the oourt sees fit:~) The jury will simply return a verdiot of guilty in misdemeanor oases ,<9)
Assuming that John Doe has been oonvioted by

feels that there are sUffioient grounds, he may grant the defendant a new trial and the oase begins again with the arraignmentl;4l In the event the motion for a new trial is over-ruled, the defendant may file a bill of exoeption~~) alleging oertain grounds of error that he feels have been made in over-ruling his motion for a new trial~) This bill of exoeptions, together with a brief of the evidenoe and other formal pleading reqUired by law, are transmitted to the appellate oourt~V Here the oase is then oonsidered and either affirmed or reversed, depending upon the view that oourt may take as to whether or not an error has been oommitted in the lower oourt:~ If the oase is affirmed by the appellate oour~, the defendant is re-sentenoed and starts serving his senten oe under the supervision of the Prison Commission~~
In oases Where the lower oourt is reversed, the type of error determines whether the defendant is aoquitted and released or the oase remanded for a new trial(~) The lower oourt is reversed and the defendant freed in those oases where the error made was direotly responsible

a Jury and feels that an error of law has been made and that he should not have been oonvioted,
(lD)
he may appeal the oase to the appellate oourts.
The first step in this direotion is usually the filing of a motion for a new trial~m at whioh

for the oonviotion. If, on the other hand, it may have been possible for the defendant to have been oonvioted, even had the error not been made, the case is remanded to the lower oourt for a new trial.(1.1)

time John Doe may, in oases not oapital, tender a bond in an amount fixed by the oourt to stay exeoution of the oourt's sentenoe. If the bond is aooepted, he will be released from jail pending the outoome of hie appeal.U~

In the oity and other oourts having Jurisdiotion of misdemeanor oases, the proseouting offioers are authorized by law to sign an aoousation without oarrying the defendant before the grand jury(;2) During the trial of a oase in

A motion for a new trial is given a hearing by the JUdge.~ On the hearing, if the judge

the oity oourt, the same motions, et oetera, are open to a defendant as have been heretofore set

(~Sec. 81-1101 Ga. Code 1933; 5 Ga. 441. (2). (2) Sec. 27-2301 Ga. Code 1933. (3) 38 Ga. 187. (4) Secs. 2-108;70-201 Ga. COde 1933. (5) Sec. 27-2302 ibid. (oJ Sec. 27-2502 ibid. (1) Sec. 27-2501 ibid. (e) ibid. (9) Sec. 27-2301 ibid. (Wl Secs. 2-3005;2-3009 ibid. (m Sec. 70-301 ibid; 134 Ga. 475. (1). (12) Sec. 6-1006 Ga. Cods 1933. (1"3) Secs. 70-301 ;70-303 ibid.

out in the Superior Court. The great bulk of
the business before the oity oourt is tried by a
(l4)s"c. 70-401 ibid. U5) Sec. 6-901 ibid. ~ ibid. ~) Sec. 6-1001 ibid. (16) Secs. 2-3005:2-3009 ibid. (lQ) Secs. 27-2504;27-2605:6-1804 ibid. (11: Sec. 70-402 ibid; 61 Ga. 529. ltl) Sec. 6-1610 Ga. Code 1933. (22)63 Ga. 168 (2); 119 Ga. 120 (2).

- 7-

JUdge withoutc a.Jury, but it the detendant wishes to have a~ury trial,_'F-e may demand one and the court mugt provide a Jury~l In the event ot a conviction in a city oourt, " he detendant may appeal to the Superior Court on a ~~ Qf ~~~~!Qrari(~) or tor cases tried in city courts where provision tor such appeal is made, he may
------~-----------_.- ...~._._--~..~~ ..
(1) Sec. 2-4501 Ga. Code 1933. (Z) Sec. 19-203 ibid.

take his case on a bill ot exceptions to the Court ot Appeals. If, on the appeal to the Superior Court, the deoision ot the city court is aftirmed, the detendant may then go to the Court ot Appeals on bill ot exoeptions, where the case is treated in exactly the same manner as has been heretofore desoribed tor the Superior Courtpl
(3) Sec. 2-3009 ibid.

r;n;

- 8- .



Chapter n
LAW ENFORCEMENT

THE SOVEREIGN'S PEACE: After a crime has been ot this family urged upon high and low the use

committed, the court does not enter into the of the king's peace in preference to the feudal

picture until an arrest has been made. So sssentia1 is the arm of the court oharged with

lord's peace or the peaoe of the individual yeoman5Z)

oapturing violators of the law that the oourts

In the time of the later Saxon kings, there

are never completely satisfaotory when this de- had appeared in each region, shire, or county, a

partment fails to funotion properly. This dis- sheriff who was given full authority to execute

cussion of the law enforoement system of Georgia the orders of the king. He was more than merely

presents both the historical background and the the local officer of the king, with authority to

relationship of the system to the oourts.

collect the king's rent and feudal dues; he was

Developing society has subjeoted criminal given complete authority to keep the king's for-

law and its enforcement to great changes. The est inViolate. and to see that great and small

'ancient codifications of these laws show that lived up to their feudal obligations to the

the criminal committed his crime against persons kingJ3) The sheriff, by the time of King Henry

rather than against the state, and the serious- the Second, seems to have systematically dis-

ness of the crime depended upon the sooial rank placed the earls and dukes in their functions as

of the person wronged.(J.) It was not until the local officers. Henry the Second's immediate

beginnings of the medieval times that a wrong- sucoessors used this officer to greater advan-

doer committed an offense against the sovereign tage, increased his powers, and made him an in-

or etate rather than against the individual. dividual feared and hated by the local barons

With the development of feudalism, the idea that less powerful than he. No doubt the aggressive

a person had certain set rights regarding fight- use of the sheriff'S powers by the king was one

ing, thefts, disturbances in hib house or on his of the grievances which caused that memorable

property, was firmly fixed in the minds of the assembly at Runnymede, which secured the Great

people. These rights were loosely termed "the Charter from King John.

peace", and disturbing a personis peaoe was a

Edward III defined the sheriff'S powers,

cause for legal action. In the case of persons and at the same time established a system where-

of rank, their peace was oo-extensive with their by the abuses of the sheriff'S powers could be

lordship. The sovereign's peace was, therefore, ourbed. It was under this great law giver that

the most important in the realm. With the development of royal highways, for-

the office of the Justice of the Peace was estabUshed~4) When originally estabUshed, this

ests, and other conveniences for the use of the office seems to have been an extension of some

country at large, offenses committed in the vi- earlier plan whioh was not wholly incorporated

cinity of any of these became an offens.e against into royal writ.

the king's peace. The early Plantagenet kings

Another Officer, who, as a conservator ot

consolidated the realm more thoroughly than it

had been in the past, and the vigorous members
(1) p. 192. Vol. I. New American Edition. Reeve's "History of English Law from the Time of the Romans to the Reign of Elizabeth". by". Finlason Esq., 14. I4urphy. Philadelphia. 1880.

(2) p. 45, Vol. I. 2nd Edition, "The History of English L......
POllock and Maitland, Cambridge University Press; Cambridge, 1911.
(3) p. 221. Vol. II. 'Constitutional History of England".
fi11iam Stub. McMillan &0 Co" London. 1875. (~ p. 2, Cap. II. Vol. II. 15 Edward III: 'The Statutes at
Large". Danb;y Pickerin<!;. Joseph Bentham. Cambridge. 1762.

- 9-

the peaoe, ald~d;n bringing the king I s peaoe into general use, "as the Cor~ner.This offioer had power to arrest the sheriff and in the time of ling John seems to have taken unto himself in
addition the funotions of a proseouting attorney. The Great Charter took this latter funotion from him}!) In some states, by statute, the ooroner remains a oonservator of the peaoe. In
Georgia, however, the general peaoe offioer
funotions he exeroises arise from his powers at oommon law, or from his common law and statutory rights to replace the sheriff when that offioer
is disqualified. One deterrent to the growth of the idea of
the !ting's or sovereign's peaoe was the oustom
(Zl
of 'places of refuge.' As the King's oourt system oame into more general use and oriminals were proteoted from violenoe, the Iplaoes of
refuge' were no longer neoessary and were abolished~~ When Georgia was oolonized, early settlers inoorporated the ideas of the king's peace into the life of their new home. Crime today is an offense against the sovereign's peace or the
state's peace. Law enforcement is the maintenance of that peace. THE CONSERVATION OF THE PEACE: The development
of the idea that the state was wronged by criminal aotions was aocompanied by the growth of the
state's maohinery for the preservation and the oonservation of the peaoe. By the reign of King Edward III(,4) the need for a looal person to be present to aid the sheriff in carrying out his
duties and to ourtail the abuses of the sheriff's powers was apparent, and persons were or-
dained to fill this need. They were called
(5)
'Conservators of the Peace. I It was not until the latter part of King Edward's reign that
(1) p. 41, Chap XVII, '", Digest of the Inglish Statutes of Force in the State of horgia', WUlialD Schley, J. lIaxwell, Philadelphia, 1826.
(t) p. 69 'Sketch of English Legal HistorY', IIa1tland and 1I0ntague, G, P. PutnalD'S Sons, Jew York, 1915; p. 343 Cap. X, 9 Edward II, Vol. I. 'The Statutes at'Large', Danby Pickering, Joseph Bentham, 1762.
(3) p. 303, Cap. VI, Vol. VII, ibid. ~) p. 419 Cap, XVI, ibid. (~ p. 351, Vol. I, 4th Edition, 'Blackstone's Commentariesl ,
T. II. Colley, Callagham &. Co. Chicago, 1899.

their duties were detalled,<"l At that time the name was changed to 'Justice of the Peace.' Eaoh part of the shire had one Justioe of the peace who was the ohief oriminal officer of that area, and who usually attempted the pursuit and capture of local oriminals. Beggars, vagrants, tramps, and other persons not firmly bound to the community, were usually arrested by them, Jailed, punished, or sen~ to other oommunities.
This officer has continued as a conservator of the peace. Even thOUgh under the law he is authorized to appoint the necessary offioers to handle any local disturbance of the peace which may arise, this partioular function is rarely exercised. Justices of the peace often are so laden with the functions of a oivil court that the conservation of the peaoe is neglected, and other officers are more aocessible and better eqUipped to act than they.
Concurrently with this office, there grew up a system of city government. The municipal charters were framed so as to regulate many trade details which oalled for a slightly different type of law enforcement office than was neoessary for the rural distriots. The present day municipal system of polioe had its birth in these times; and from its birth to the present, there are in every oity two systems of police officers - one maintained by the county and the other by the city. LAW ENFORCEMENT IN GEORGIA: Some o. the counties have seen fit to more or less combine these units, but nowhere in the State is law enforcement carried on as a single unit connected direotly with the State and the Nation. Each county has its sheriff; each town has its marshal or chief of polioe, and in some counties a county police force independent of the sheriff's office has been established. Many of our law enforcement problems can be traced direotly to this decentralization and meager ooordination.
(") p. 419, 14 Edward III, Vol. I, IThe Statutes at Large', Danby Pickering, Joseph Bentham, CalDbridge, 1762.

- 10 -

'l'helaw_,nt~roelllent regi.e in the seTeral oation with these indiTiduals since they live in

oounties and in. the oities within the oounties remote sections of the oounty and can be

is rarely exaotly the same, and is dependent, in reaohed only by mail or messenger. In some

a large measure, upon those holding positions of counties there is not a telephone in either the

authority, as well as statutory regulations. In oourthouse or jail, and neither the sheriff nor

eaoh oounty of the State there is a sheriff his deputies oan be reaohed by telephone. When

elected for a four-year term by the people of the oounty~\ This officer is a oonservator of

such a condition exists, it is impossible for adequate connections to be maintained with law

the peaoe, and under the authority of this title enforoe~ent agenoies of adjoining counties.

has the power to do whatever is neoessary to

If the oounty oontains an incorporated town,

maintain the peace!2) He has, however, but little it is likely that the town will have a marshal.

greater authority as a law enforoement offioial This officer mayor may not have had experience

than does any citizen, exoept that he is charged in handling law enforcement problems. As long as

with the execution process of the SUperior Court!~ He ie authorized to appoint suoh dep-

the marshal has no assistants, it is likely that he will cooperate with the sheriff, but it is

uties as he needs to aid him in the business of his offioe~4-) As exeoutive offioer of theS:Upe-

also likely that it will be a difficult matter to locate him in an emergency. In a small town,

riorCourt, a vast number of his duties are in the marshal enforces city ordinanoes and the

nowise oonneoted with his duties as a lawen- laws of the state as a part-time activity, since

foroement offioial, and the fees for these are it is usual for the town to require him to per-

muoh greater than those for handling oriminal form a wide Tariety of duties. With the townls

aatters!51 For many duties of law enforoement inorease in size, the marshalls offioe loses

there are no fees attaChed. For instanoe, the its law enforcement funotions and a ohief of

sheriff may spend several days in the solution police is given oharge of law enforcement work.

of a oriminal case, only to be entitled, under

The ohief of polioe generally has better

the law, to the fee for making an arrest .(6)

faoilities than the marshal, and is given suoh

The sheriff's Jurisdiotion is oounty-wide, equipment as may be necessary to accomplish his

but as an offioer of a state oourt, he has au- task. Often, however, the townls finances are

thority to serve warrants anywhere within the bounds of the State~) Usually the sheriff when

inadequate to give the chief as large a force as he m~ need. The polioe chief' usually is ac-

eleoted to offioe has had little experience with cessible and maintains satisfactory telephonic

the adTanoed lIIethods of law enforoement and the facilities, bu~ he still has only casual con-

duties expeoted of him in enforoing the law. He nection with other law enforcement agencies.

seleots his deputies from among the oitizens of

Law enforcement problems attendant upon pop-

the oounty, and often their experienoe in hand- ulation increases are not always accompanied by

ling law enforcement problems is as meager as additional machinery to care for these. Often

his. In the smaller oounties the pay for these little effort is made to better the connections

deputies must oome from the sheriff's pocket. between the sheriff's office and that of the

Frequently it is diffioult to maintain oOllllllUni- chief of police. Due to the press of civil mat-

lllSec. 24-2801 Ga. Code 1933.
~lSecB. 26-4901;26-5401 et Be~i. ibid.
6) SaCB. 24-2801 at Be~i; 27-201 et Be~. ibid.
(4) Sec. 24-2811 ibid.
(5) Sec. 24-2823 ibid. (6) ibid.
(1) Sec. 27-209 ibid.

ters in the superior court, the sheriff may leave much of his law enforcement work undone. In that case, the bulk of the county is not adequately policed, and when this happens, the peo-

-11-

p1e of the OOlllltl!D&y make provieion for law en- in Rome or Cedartown, the robber wotUd haft es-

foroement ln the ~ra1 regio~~by the formation oaped into Alabama. A similar situation would

of a oounty polloe foroe}U Often the oounty exist if the route to Tennessee were ohosen.

po1ioe are p1aoed under the supervision of the Suppose, further, a route leading toward the

governing body of the oountl. but in some ooun- southern part of the State were ohosen. The

ties, this foroe has been p1aoed under the di- situation is not very different even though the

reotion of the sheriff and the oounty po1ioe be- distanoe is longer and there are more oounties

oome deputy sheriffs, differing from the other and oities to pass through. Unless he was tan-

deputies on1l in that thel are paid sa1arles and gled in the traffio of Atlanta, it is likely

are provided with the neoessary equipment to that the esoape would be made good, and it would

patrol a given area.

rest with some deteotive foroe to make identifi-

When the town begins to develop into a me- oation at a later day.

tropolitan area, it is quite likely that its po1ioe foroe will develop oharaoteristios peou1iar to suoh an area. Usually Within these plaoes,

Deteotives in Georgia are handioapped sinoe
. only the larger oities of the State maintain
fingerprint identifioation bureaus, and these

the po1ioe system is oomposed of two major sub- have little oonneotion with eaoh other. If

divisions: the uniformed group and the de- there were a state-wide bureau, it is probable

teotive bureau. The former oonsists of the pre- that a suspeot's oomplete identification would

oinct patrolmen, the radio, the motorcycle, and be on file, and it would be possible to give

the traffic officers, while the detective bureau definite information regarding his habits and

is asslgned investigation and under-cover work. his family, as well as suoh physioa1 oharaoter-

Most of the larger systems maintain an iden- istios as he might possess. Suoh a state bureau

tification bureau whose dutl it is to photograph would be available for the use of all law en-

and fingerprint all suspeots. Copies of these foroement offioers, and not only those oharged

are sent to the Federal Bureau of Investigation with enforoing the law in speoifio p1aoes.

which acts as a Clearing-house for such in-

The oriminal in Georgia possesses another

formation.

advantage in that there is no state-wide system

Sometimes members of the oity po1ioe foroe of law enforoement - eaoh oounty and each oity

are assigned to aid in handling situations is a separate unit - and oonneotions between the

arising outslde the bounds of the oity. Some several units are diffioult to seoure and main-

oounties use tne faoi1itles of identifioation tain. This diffioulty could be eliminated by an

developed within the oity, but suoh oooperation aotive state-wide body. Under suoh a system, it

as may be between these foroes is not a matter would be possi01e for the offioe in Carters-

of law but rather a matter oetween the heads of Ville, after the perpetration of the robbery

such forces. Presume that a bank robbery has mentioned above, to be in oommunioation with

been perpetrated in Cartersville, Georgia. The offioers in all parts of the State and have an

orimina1 has three broad avenues of esoape. He adequate net thrown around the orimina1 before

has only a short ride into Alabama, and the he had time to go into hiding.

foroes that will stop suoh a ride would be the

LikeWise, the orimina1 in Georgia possesses

town police and sheriff's foroes in the border the advantage of faoing offioers not always

oounties. It is likely that before oomp1ete trained to handle speoifio situations. More

organization could be effeoted between the foroe than one offioer in Georgia in time past has

(1) Sec. 23-1401 Ga. Code 1933.

used his initiative and ability in oapturing

- 12

desperadoes,"bu~ all too otten the aocused 1s allowed to escape because _~heottioer has not been tutored in thos~ methods tound most satistaotory. No provision exists tor a state-wide training school tor law entorcement otticers, but such methods, procedures, and devices are usually garnered trom experience at a cost to

the general public. With a short and inseoure tenure ot ottice, tew ottioers wish to take suoh training at their own expense. Such is the situation with regard to organization tor law entoroement. ~e picture is not complete, however, without some understanding ot the persons w1th whom ths law entorcement ottioers deal.

- 13 -

Chaptcz.r ill PEOPLE BEfORE THE CoURTS

Important in the analysi~ of any oriminal comfort. I~ quest of such desirable things,

oourt situation are the people who oome before home and farm are often left even before these

the courts. Much comment has been made regard- young people have harvested the full eduoational

ing the changing types of these people in benefits of the local institutions.

Georgia. When considering those befot'e the courts, the vast socio-economio ohanges of the past two generations cannot be ignored, especially those changes which broaden horizons by

TABLE II*
FELONS BETWEEN AGES 21 AND 25 ADMITTED TO THE GEORGIA PENITENTIARY
By Ages of Admissions January 1. 1926 - December 31, 1935

the granting or .Le~SULe time and increased mobility. Now, large numbers of people are peren-
TABLE I* YOUTH CASES ADMITTED TO THE GEORGIA PENITENTIARY
By Ages of Admissions January 1, 1926 - December 31, 1935

Age of Admission
21 22
~4
25
TOTAL

Total Cases
1170 1207 1061 863 779 5080

Males White Negro
1582 3359

Female White Negro
3 27 2 26 4 29 5 26 1 16
15 124-

Age of Admission
11 12
i~
15 16 17 18 19 20
TOTAL

Total Cases
1
6 1459
~83l~
1069 1291 1181
5031

Males

White Negro

1

2

5 12

205

50 99

91 339

237 573 2911- 754-

4-27 822
381 764.

Females White Negro
1
!l-
1 II
2 13
4 21 17 9 33 1 35 20 135

*Sourcel Records of the Prison Commission Likewise, the oity youth, whose home has be-
come crowded or unsatisfactory and whose working effort brings small monetary reward, tempts fortune. When the small compensation offered farm tenant youths and under-privileged oity youths is oonsidered, it is no wonder that poorly planned and finanoed adventure often leads t~ese

*Source: Records of the Prison Commission

boys and girls into the oourts, or that age

nineteen becomes the age at whioh penitentiary

nial migrant~. So mobile has the population be- admissions are the greatest in Georgia.

come that orime which was onoe local in charao-

During the period January 1, 1926 until

ter has broken its bounds and loosed itself upon Deoember 31, 1935, 17,336 oases were admltted to

the entire country. This mobility has lessened

Qr the effectiveness

oommunity censure which at

the Georgia penitentiary, and 5,031 oases, or 29 peroent, were youths under age of twenty-one.

one time exeroised a great foroe on those bound Table I shows ages of admission for these oases.

by ties of kinship or ownership to a given re- Under the law, Juveniles may bo sentenoed to the

gion.

penitentiary when, in the eyes of the court, the

A large part of Georgia derives its income youth was fully able to have a oriminal intent

from agricultural pursuits. There was a time and knew what he was doing.(11

when. Georgia youth looked forward to farm op-

While 29 peroent were under the age of

erations as a vooation, but such ventures in re- twenty-one, 29.3 percent, or 5,080 cases, were

cent years have been unprofitable for the most between the ages of twenty-one and twenty-five.

part, and the youth from the rural regions has Table II lists admissions to the Georgia Peni-

dreamed of oooupations less arduous and promis- tentiary for persons between these ages.

ing a greater reward in money, leisure time, and (11 Sec. 26-301 Ga. Code 1933.

- 15 -

CHIIIE

TABLB III
RACE AIID SEX OF THOSE ACCUSED OF CRIIIE AS SHOWI BY JAIL DOCKETS IN 27 GEORGIA COUNTIES
B7 Crimes and Crime T;ypea Januar,. I, 1926 - December 31, 1935

Total Number Percent

----

White

MaJ.

Femal,

Number Percent Number Percent

Negro

Kale

Female

Number Percent Number Percent

CRIMINAL HOMICIDES Murder Involuntar7 Manslaughter Voluntar,. Manslaughter
CRIIIINAL ASSAULTS Assault with Intent to Murder Shooting at Another Stabbing Ma7hem Aseault and Batter,. Wife Beating Pointing Pistol at Another Assault (simple)
CARRYING DEADLY WEAPONS
OPERATING AUTO WHILE DRUNK
DISTURBANCES OF PUBLIC PEACE
Drunltennel!ll!l
Vagranc7 Hoboing Malicious lIischief Other Disturbances
ROBBERY
BURGLARY
LARCENIES Laroen7 of Auto LarC8DJ from House Laroeny from Person LaroenJ of Livestook Embezzlement LaroenJ after Trust LarcenJ of Chickens LaroenJ of Bi0701e Simple Larcen7 LaroenJ of Cotton Other ~oenie8 Attempted Larcen7 Cheating and SWindling Defrauding Board Bill Paing Worthless Cheoks LaroenJ trom Auto
FORGERY
NON-SUPPORT B4stard7 Abandonment
SEX CHIlIES Rape Assault with Intent to Rape Seduotion Adulter,- and Fornioation Publio Indeoen07 SodamJ and Beastialit7 Incest Operating Lewd House
GAMBLING Lotter,Other T;ypes of Gambling
VIOLATION OF IIOTOR VEHICLE LAWS
VIOLATION OF PROHIBITION LAWS Possession of Liquor Sale of Liquor Manufacture of Liquor Other Violations
MISCELLANEOUS CRIIlES Arson
Big~
Briber,Perjur,Rioting Felon,. Miademeanor, lliacel1aneous llisdemeanor, blanket charge Obtaining lionel' or Goods under Falee Pretense Escape Fal.. Oath Udnapping Blaokmail and Extortion Cruelt7 to An1lllale and Children Viola tion of Game Laws

2,026 1,737
191 98
12,753 3,315 687 1,803 19 4,428 1,392 826 283
3,634
5,819
10,471 5,627 2,474 1,253 432 685
2,440
8,207
27,830 2,888 6,261 282 343 109 1,959 344 109 3,537 50 6,814 148 3,891 144 379 572
795
3,215 1,340 1,875
3,269 457 394 278
1,682 176 161 7 204
6,836 2,576 3,269
2,319
37,094 4,598 351 699
31,446
24,662 178 156 32 211 128
3,624 18,797
599
106 369 78 212
32 58 184

100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0
100.0
100.0
100.0 100.0 100.0 100.0 100.0 100.0
100.0
100.0
100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0
100.0
100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0
100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0 100.0 100.0

630 469 101
60
4,672 1,088
130 182
1 2,067
846 222 136
970
4,068
6,126 3,827
888 789 217 405
828
2,315
10,632 1,672 1,203 91 152 87 967 87 23 1,024 20 1,809 62 2,808 111 300 216
445
1,022 280 742
1,668 214 211 180 807 92 101 3 60
983 3:56 648
1,299
12,923 2,280 191 384
10,068
10,707 80 80 19 109 66
1,672 7,859
382
41 176
60 127
27 17 104

31.1 27.0 52.9 61.3
'36.7
32~8
18.9 10.1
5.3 46.7 60.8 26.9 48.1
26.7
69.9
58.5 68.0 35.9 63.0 50.2 59.2
33.9
28.2
38.2 57.9 19.2 32.;>; 44.3 79.9 49.3 25.3 21.1 29.0 40.0 26.6 41.9 72.2 77.1 79.2 37.8
56.0
31.8 20.9 39.6
50.8 46.9 63.6 64.7 51.0 62.3 62.7 42.9 24.6
16.9 13.0 19.9
66.0
34.9 49.6 64.4 66.0 32.0
43.4 44.9 61.6 69.4 61.7 50.8 44.6 41.8 63.8
39.0 47.4 64.1 59.S 840 4: 29.3 66.5

49 40
8 1
295 47 15
-12 -205
9 7
26
146
983 376 532
6 17 52
41
46
639 44
153 21 1 3 34
-5
2-8
85 1
236 6
17 5
31
-4
4
-358
-2
262 14 9 1 80
78 46 32
22
1,479 149 10 7
1,313
963 4
-8
12 3
4'7 828
17
2 9 4 21 4 3 1

2.4 2.3 4.2 1.0
2.3 1.4 2.2
-.7 -4.6
1.1 2.5
.7
2.5
9.4 6.7 21.5
.5 4.0 7.6
1.7
.6
2.3 1.5 2.4 7.4
.3 2.7 \ 1.7
-1.5
-.8
1.2 .7
6.1 4.2 4.5
.9
3.9
-.1
.2
- 11.1
-.6
16.9 8.0 6.6
14.2 39.2
1.3 1.8 1.0
.9
4.0 3.2 2.9 1.0 4.2
3.9 2.2
-5.2
6.7 2.4 1.3 4.4 2.8
1.9 2.4 5.1 9.9 12.6 6.2
.6

1,141 1,037
71 33
6,305 1,793
479 1,133
11 1,699
546 533 111
2,490
1,577
2,738 1,134
799 451 150 204
1,459
5,647
14,242 1,156 3,871 131 178 18 859 242 86 2,223 29 4,170 82 772 20 58 347
280
2,181 1,060 1,121
954 243 181
98 295
66 46
3 32
4,290 1,808 2,482
972
16,406 1,810 133 299
14,164
11,159 79 66 10 71 46
1,690 8,668
146
53 163 21
52 1
28 75

56.3 59.7 37.2 33.7
49.4 54.1 69.7 62.8 57.9 38.4 39.2 64.5 39.2
68.5
27.1
26.1 20.2 32.3 36.0 34.7 29.7
59.8
68.13
51.2 40.0 61.9 46.5 51.9 16.5 43.9 70.3 78.9 62.8 58.0 61.2 55.4 19.9 13.9 15.3 60.6
35.2
67.9 79.1 59.8
29.2 53.1 45.9 35.3 18.6 31.7 28.6 42.9 15.7
73.6 70.2 76.1
41.9
44.2 39.4 37.9 42.8 46.0
46.3 44.4 36.1 31.2 33.6 36.9 48.0 46.1 24.4
50.5 44.2 26.9 24.5 3.1 48.3 40.8

206

10.2

191

11.0

11

5.7

4

4'.0

1,481 387 63 476 7
-457 62 29

11.6 11.7
9.2 26.4 36.8
- 10.3 7.5 10.2

148

4.1

28

.5

624

6.0

290

5.1

255

10.3

7

.5

48

11.1

24

305

112

4.6

199

2.4

2,317 16
1,034 39 12 1 99
-10
262 1
750
3 75
7 4 4

8.3
.6
. 16.5 13.13 3.5
.9 5.1
-2.9
7.4 2.0 11.0 2.0
I.e
4.8 1.0
.7

39

4.9

-8
8

-.2
.4

289

8.9

228 14
-6
42
484 387 97
26
6,286 359 17 9
6,901
1,833 15 11 3 19 14 216
1,442 54
9 22
3
-12
10 4

14.5 8.0
-3.2
20.6
8.3 16.0
3.0
1.2
16.9 7.8 4.8 1.2 18.8
7.4 8.5 7.1 9.4 9.0 10.9 6.1 7.7 9.0
8.6 6.0 3.9
-5.7
17.2 2.2

GRUD TOTAL

150,369

100.0 511,278

39.4

5,160

3.4 71,841

47.8 14,080

9.4

- 16 -

The decrea~e ~n the number of persons admitted to the penitentiary cO~;lnues 1n the ages after age twenty~~ive. The downward ourve, however, begins to flatten out after age thirtyone. Even though the number of admissions for

raoe, and sex of individuals detained on orime oharges was determined for 150,359 oases from the jail dookets in twen~y-seven counties. For these, the age trend is quite similar to that of persons sentenoed to the penitentiary, but

FELONS ADMIT1"ED TO T\.IE GEORGIA STATE PENITENTI~qy

eV AErES

NO. OF
PERSONS
1400

JANUARY 1.1926 TI-lROU&1-l DECEMBER. 31. \935

n

1'ZOO

~,

LEG-E:ND.
TOTAL _._._._._ WIlITE MALE

1000 800
600 400 '200
o
10

_______ NEGRO ~'''LE

I \ ,... /\

________._ WIlITE fEM"'LE ................... NeGRO FEMALE.

\\ I ~/

I
(

\ \

I

\

,;

\ \
,\,....

II r'

'\
\\

(

!
I

"'-......

'\
\

(i

'.....,

\,

, \~ I .I
r If

{\ i' '.' ......J'., .~

,;
li 1'.. b4- - V \ 'I

'..... .'.'.>Ji."'\-~-,'."~

~ > - ~ /.; .....

............... ..~~-

...................... :: ........

"'.

............

'"

"

~

'~ ......o-:::::::-

....

20

30

40

50

60

70

AGE IN YEARS

SOURce: ReCORDS OF THE PRISON COMMISSION OF GeOR.&IA.

CHART No. I

NO. OF
PERSONS
I 400
1'200
1000
eoo
- - 600
400
700
o
80

eaoh age is not so great for the ages after varies with each Cl'ime type and for each crime

thirty, there were persons admitted after age within the type. Since the sheriff1s jail dook-

eighty and one man was admitted after age nine- et is often completed by estimation rather than

ty-eight. Chart I is an age ourve of those ad- exactness, all conolusions based on these data

mitted to the penitentiary.

must be oonsidered tentative and subject to

Persons sent to the penitentiary are those change in the light of more accurate information

whose guilt of a felonious orime has been prov- than was obtainable from the reoords used. Table

ed, and oonstitute only a small portion of those IV lists the number of cases in each of eight

before the oourts. Due to the fact that com- age groups.

plete records of arrest are kept in only rare

These figures add further weight to the con-

cases and that many sheriffs do not keep a reo- clusion that orime is a youth problem. Crime,

ord of the ages of those jailed, it was impossl- however, is an aggregate term and must be broken

ble to assemble a oomplete picture of persons into types and individual crimes before it can

coming before the oourts. However, the age, be fully analyzed or its full effeot upon the

- 17 -

E)U~IBIT I MONTH BY MONTH VAQIATION Of PEQSONS JAILED
e,y CRIME OF WHICI" ACCUSED
TWELVE COUNTIES OF 6EOIl.&IA
JANUAP.Y I. 19'26, 1\.mOUG-1-l DECEMBED. 31, 1935
FROM JAIL DOCKETS OF TilE COUNTIES

RECAP I TUlAT ION 15

MURDeR

SNOOTIN& AT ANOTIlER ~--------------~,IS

12

1--------------------111'2

tZ9
lU V
~6
0-

f---



_ ____~-- f - .

_ .-~---i 9 ~ -p () 6 'z" -<

3

I II I I I I I I I I I I 3

0 MIIMJJASOND

11521,- -

STAe.e.IN6
~~

-------4

M

loA J J A 5 o N o

WifE &EATING

!

-



0

FMAMJJASOND

OPERATING- AUTO WllllE DIl.UNK

15

---112

t-

.Z:J 9



-

I

9~ ~

n

~6
~

6~ -<

3 f-. . . . . .__~

I---

3

MAM CARRYING- CONCEALED WEAPONS 15 l---~----_-~--- - - - - -

I~ I-~--~---

9 r-a---- -----

I---

V

I

~d 6 i
3l



I o I

FMAMJJASoND

BURGlA1>-Y 15

1'2 t-
~9
V
~6
0-
3

0 F M II M J .J A S O N D
LMICENY OF fARM ANIMAlS
15

1'2

--

3r- 9
u

~6

3

I-

0

M II M J

A SON D

MA M

A SON 0

VAGRANCV

I
MAMJJASOND LARCENY OF AUTO

MAMJJASoND LARCE NY FROM "OUSE

M A ... J
18 -

SON 0

M A M J J II S 0 N 0



1l.0&BERY

]15
- -.---~---- ~It ~

n'"
6 'z"
-<

3

0 M II M J J A 5 0 N D
SIMPLE LARCENY 15

1'2
."
9 '-"p
()
6~
-<
3

0 F to! A M J J A 5 0 N 0
LARCENY AFTER TRUST 15

1'2
-0
'"9 '" ()
6 'z" -<
3
0
tot II M J J A 5 0 N D

EH\I&IT I (CoNT'D) MONTH BY MONTH VAQIATION OF PERSONS JAILED

15 ; - - - - - --C-\.l-EA-T-IN-G---A-N-D--S-W-IN-D-L-IN-G-- -----,

12

-------

f-
~q v
~6
0.

3
o I1'---- ............__.... ~__..........L_

FMAMJ

A'OND

IhpE 15 , - - - - - - - - - - - - - - - - -

~---
I

fORG-ERY

------

FMAt.lJJASOND ASSAULT Willi lNTEN"'I "'10 RAPE

BASTARDY
- - - - - - - 15

c-- -----------

17
."
P 9 ----- - - - - - - -
()
6 mz
-<

12 f - - - - - - - - - - _ _ . f - - - - - - - - - j

...
z 9 Ha_----II--c=------=__.HI-------j
tJ i

.c.!. 6
0.
3 Ha_

Hl--la_

I----II--I__.---I

i
o ;---JIL...I,L...."LlA--.ML.lJL...IL..JA--.'LJO--.N. L....OL.-J

15 I
I
1'2
t-
.Z.. 9
u
~6
0.
3

ADULTERY AND fORNICIl.TION

I I !

----j

I I

II

II

II

oI

I

t.lAt.lJ

ASOND

Ass AULT AND B"'n Etty

tolAMJJASOND MANUFACTURE LIQUOR.

MIl.MJJASOND

f - - - - - - - - - - - - - - - - - - j 12
9;: p ()
6x"' -4
'3

FMA MJ

o
A SON 0

sooio-eoonomic life of a locality oomprehended. Some orime types and some individual orimes thrive only under oertain oonditions, whereas others seem to be less oontingent upon the sooiologioal and eoonomic factors, and rest largely on community thought habits. Such seems the case with violations of the prohibition laws. In some counties this type of infraction

of the law was not recognized as oriminal, and few or no oases were brought. On the other hand, in many counties, over 25 peroent of the cases were charges of this classification. Many crimes seem to have little or no relation to any of the above features or any other faotors, but appear in all oommunities more or less spontaneously. Murder and rape, as far as Georgia is concerned,

- 19 -

EXHI&IT :IT AGES OF PERSONS ACCUSED OF CRIME

.-

fly PER. CENTS

JANUARY I, 1926, THROU&H DECEMBER. 31, 1935

FROM JAIL DOCKETS OF 27 G'EOR.&IA COUNTIES

TOTAL

AGE GROUP

AGE GROUP

UlIOER liD 2\ 2iD 31 % 41 OvER

ToTO'TOlOTOTD

[ I rt+n- - liD 20 25 :lO 35 40 4-5 4-5

50
I
I- 40 I

rTI
,CRI~MOMINICAIDLE-

z

i

II

I

Ll 30
~ 20
0-

/1\
II f',

10 I)
o

J\..
1\1If\

UNDtRl~ 2\ 210 31 3<0 4-1 OVER
~=" ' r 45 l~ ;O;;;~~;~ TT -I T+- -__ .. _CRlMINAL\k>MlCtDf MURDER. _
II f\ l - +i'r.... 17 f\11r\

50

I- 40I

z

w U

30I

~ 20
0-
10

o

I I I, I
(R IMl NAl ASSAULT WITH INTENT
TO MURDER
f!\ .....\
-~K

50
40
~ 30
oJ
u
7.0
d w
0- 10
o

CJ~11M1NnIAL ~AS~rUlT-
POI NT ING P15TOL
AT ANOT~ER
1\
il \
\ .. / \Vt\

t'lM1INAL1A$LLT

SIMPLE

11\ ASSAULT
!

II f- -

~

J i\

J t+=\ 0t-t-..

50

! ~Tr

DISTCfPUl!lLIC PEACE

40

DRUNkENNESS

I I 1.1
DISTOfPUl!lLIC lVa VAGRANCV

t 30
uw cl 20
w 0-
10
o
50
40

II \
I/
/

_.J-- l-
1\
!\~ .......
1T1
RO&e>ERV

I-

Z w

30

u

cl 20
w C-
10

0

1\
~
r\~ r-..

50

I LL,~, I

40

\
LARCENV fROM

t- 30
z
u'" 20
cl
'" 10 Q..
0

r

PERSON

II 1\

I 1\

V

'1""--'J'.I...

UNDER 16 21 2<D 31 3<> 4-1 OVER

16 10 10 10 TO 10 10 4-5

'20 25 :lO 35 40 45

A6E GROUP

11\

1/ I"- -~

l/

\vr'\

r\
,1\

iURL!v

l '1'-..+-1-....
U,J
LARCENVOFlIVESlOCK
V]\
-I--
Vi' V ~ I i', t--+-
UNDEIll~ 21 21i> 31 3G> 41 OVEll
IGt .zo ;zs X> 35 ~ 45 45
AGE GROUP

AGE GROUP UNDER ~ ~I ZiD 31 3iD 41 OvER
1(0 ; ~~ ;00;; ~ ~; 45
r-,- "r--rrTT-r
CRIMINAL \-!OMICIDE
VOLUNTARY
r MANSLAOOIlTER

f'-..

V

[\../ \

I II I CUIMI NAl A.SSAULT
STAaalNG

i+IA

~f\

l-

\ f--

J-- f---

~i',

/\
II! \

LlvJ,
D'~DLY WHPONS

It+- I
J

I\J : +_r-
i'\

LT.l?u&~\Cf'El"cf
- HeaolNG

If \

i'-V\

I}

\

/'...

l~R~EN~

V
r~

\

1\

V 1\v f\

I L.lQC,INy I
LARCENY AfTER TRUST

1"\

II f',r-...

/

\ IJ \

IJNDlR iii> ~I 25 3\ 3Ii> 41 Ov
IGtlOT01t:l lOW10 45 'lb~5303Ii>404-5
AGE GROUP

AGE GROUP
UNOfR 110 ZI Z~ 31 .34 4-1 OVER I~ ~;~;~~ 4-5
! l r r r ,- ---I CD.IMINA.LI-lOMICIOE -f-- f-- -- INVOLUNTARY _
MANSLAUG~TED.
rI
I 1\
I\
r' V\ ........
CLMLAlLllT
ASSAULT G, flATTERY

AGE GR.OUP

UNDER I'- ZI ~ 31 3iD 4-\ OVER
1~ ~o;; 35 ~ l~ 45

TTT 50

CRIMINAL

ASSAULT _ 40
"m

30 "

/\

(")
LO ~

/
If

"- --<

I'-..
\ V r'\

10

0

c11 MIJAL IJLT WIFE flEATIN6

50 40
-0 m

(

f...- f--

\ "" - --,.~ f- 1--- f...- -

\.v

"-I'-...
V "- 1\ J l\I-'\-.~ V

r- - j

30 " (") m
'20 3
10
0

IOP~RAJINGI AUTO WHILE DRUNk

TTTI- 50

OISTun.&ANCE.S -I-- OFTj.lE
PU&lIC PE:~E

40

t\ /'

:1 1\

II '-~

\.

V lJ "1\ \~ f...-,-i'\

30 ri? ;0
20 ~ Z --l
10
:-r-.... 0

Lll~uLcpJACE

- M~L1CIOUS

11\

MISCHIEF

J\

I\
V \ ..

J 50
DL PuJ,CPtLE

OTHER.

\

DISTUR.aAHCES

\

40
30 ;rl'
;0

I'...
\

'20 Q
z
~

10

I

f\../r-.. 0

IL'R~'Ntl
LARCENY Of AUTO

T1iT 50 lAIKENY
LARCENY FROM 40 HOUSE

-0

~
\

f...-- .~
1\
r\

30 r;;

(")

20

m Z

~

./

l- '\.I- .......

'\ - -
~ ./

10

0

I I L1RcL

Il.AR~"..) 50

LARCENVOf C~ICk'NS
/1\
\
V "V 1\ UNDER 1'- 1.1 '2tO 31 35 4/ Om~.
'" ; ~ ;'35.~:; 45
A GE GROUP

SIMPLE - 40

LARCENV

1\

II \

30
-0
m

7.0 n'"

/

' "- ~-

m
10 ~

.....

0

UNDEI2. \" 'l.l 'Z5 31 3(p 41 OVfR.
I~ ; ~ ;; 35 .k, 4; 4-5

AGE GROU P

- 20 -

EXllIBI"T TI (C.::>N1'O)
AGES OF PERSONS ~CCUSED OF CRIME
[)v PEl< CENTS
JANUARY 1,IQ'2G, THQOUG'1l DECEMBER 3\, 19'37
fROM lAI L DOCKETS QF '21 6'EORG'IA COUNTIES

TOTAL

AG-E G-I\.OUP
UNDER 16 ~I '16 31 36 4-1 OVER
16 'Z~::S;,;.w;5 4.5
50

40
zt- 30
tU
U
aI. '20
tU
~
10
0

l'RLI LARCEN~ OF
COTTON
/1\
II 1\ 11\
II V 1\
V \r-- -,

')0

LRLI

4-0

OTHER -

t-

LARCENY

11\ Z
tU

30

U

"'- 20

-lL tU 10

J~ f-

- f- -f-

0

J'...r-- Vr\

50

~EX 2RIJE

40

t-

Z

tU
u

30

aI. 70

II 1\

tU
~

I

10

I II

0

I'. :...... i" f-t",

50 -- -- TT-T I I I

40

SE.X CRIME
PuBLIC INDfCENCY

t-

Z
tU

30

V

"'- 20
tU 0-

10

o

11\
II 1\
......'t\
V \-.V 1\

50

I II

4-0

VIOLA110N

1010TOO

(~

'JEHla.eLAW

I\

, 10

/
1/

"- ~ r'\

o

50
I

I I v L

40

OTHER

V,OLATIONS

tZ

30

tU

V

/~

I 't"U 20
0. I

/'.--

10 I 1/

o

\

It\
"\

UNDER 16 ~I 26 31 :;. 4-1 OVER
16 Wis 30 35 40 45 45

A0E GROUo

A G- E G-I\.OU P UNDER 16 'II '16 31 36 4-1 OVER
16 ;'~S~;S~45 45

AGE (rI\.OUP
UNDER Ib '11 'lb 31 :;b 4-1 OvER. 16 ~;~;404545

IL.J,.! LARCENY fROM
AtrrO

L1ARClN) AT1'EMPTED-
l.ARcENV

V" 1\
VI , + I'--

\ f-
,...,"'\

/"1\
1\ "[\.V r\

I II
FoRe-ERY

II II
NON-SUPPORT

[,-1\

II ~

l/

1"-Vi\

[,<XL!
!lAPE

v~

II \v

1/

f'.. V f ' \

V1\

I 1\

V

I"'-- r--..

/
1/ \

IsLcLI
ASSAULT WITH INTENT TO QAl>E

~
V I't-V1\

I 1I SEXC~IMt
SODOMY", ~EA5TIAL1W

t,LJ"

1['\

V 1\ 1'-..

/V

V \ 1'\.

1/ 1\
I'
V 1\V1\

I 1I
VIOLA1'ION PIlDIUBITIOh
LAWS

I v.LI
POSSfSSION OF LIQUOR.

, /1\
/' \
/

...... V \

I\
-\

/

\ V r--..

A~SO~ ~

\ , V

t- V \

w45 UNDlR 16 21 26 31 :;6 4-1 Ovf.R

16 .zo;.30;'5

45

AGE GR.OUP

&llAM~
1\
\ -1\

./

[\.. .... i "

UHDU 16 ~I ~6 31 36 41 OVER
16 10 -2~;:' 35 40 ~ 45

AG-E G'ROUP

AGE G-"OUP UNDER 16 11 2b 31 :;b 41 OVEII.
16 10; 30;; 40;; 45 ! L1Qc~NY I
CHEA1'IIlGol.SWINDLING
, 1\
II ~

AG-E G'I\.OUP

W; UNDElI.lb 'II ~b 31 'b 4-1 oveR.

lb

3~.3; ~X; 45

50

L!RCLI

4 0 OEFRAUOINC>-

/"1\ teA-A.O BIL.L
II \ \

"rn
30 n'" rn
20 z -I

V

V \V1\

I '! '

10 0

t-
1\

I fT-
NoN-SurPOR1
f'>ASTA.RDV

e-e-

1/

i 'l -I'-..

ISE!CRL I

SEDUCTION -

1\

I

1\ j\ r-~AMLN~ LOnERY
II 1\
I~
V 1\(11\

~oNLl" 1 EJO

AeANDOHtoIENT

40

,/r--.

II I'

V

i\V \

~
m
30 7"
()
m
20 Z -I
10
0

1

50

-r--t-++ I I '

SEX CRIME

ADUL1'ERV G..

40

FORNICATION I

"<)

[.._-

/

1\ 1

I~ I , !/

m
30 7"

("\

20

m Z

-I

1"I'

10

l '1-t-.... 0

50

I",.LL,I

1/ 1\ \

40 OTHER1YPES -

OFG'AM~lING

-0

."

30 7'

n

m

20

:z
---<

Y V 1\ f'-t.....

1\

10
o

11 \
I\
/

.V.1.P. .l. 1 SALE OF LIQUOR
r---/ \ PE~U~

11\

/ r-f\

V

......V \

UNDER 16 11 26 31 :36 4-1 OVER
16 -2025;' ~ 40 45 45
AGE G-R.OU P

I J.P.LI, I MANUFAC1'URE
LIQUOR

50
40
-0
30 ~

I'\.
-.......
II \V \ /

("\
20 ~
-I
10
o

~'O~IHl 50 40

f\,

-0
30 ~

n m

\

20 ~

10
r - I'-- t - -
/ " o UNDER 16 'II 16 31 3641 OVf.R. 16 ~o;;o3540J5 45

A G- E GR.OUP

- 21 -

II EXI-lIIIIT (CONTD)
AG-ES OF PEQSONS ACCUSED OF CQIME
By PER CENTS
JANUARY I, 1926 TI-lROUc:rH DECEM5Ell. 31, 1935
fQOM JA' L DOCKETS OF ?7 crEORG-1 A COUNTIES

A G- E GROUP

UWDU '" '11 '16 3\ 36 41 OVER

16 45 TO TO TO TO TO "n>

1015:30354045

50 40

I FLo~v

t-

Z 30

w

u

I

d. 10

w

c.

I

10

oI

1\
\
1---V 1'\

UNOE. 16 '1.1 '16 31 36 4/ OVER
+5 16 TO om TO W TO TO
V'15:30~~~

AErE 6-ROU P

A G-E GR.OUP
UNDEQ 16 '2.1 16:31 36 4-l OVER. 16 TO TO TO Tl> 1"" To 4-5 W '15 30 35 4<l 45
~RuLl~ lb
AN1MAL5c... (NILOREN

TOTAL
AGE 6-r.I.OUP UNDEQ. 16 '11 1.b ~\ 36 41 OVEI4.
45- ,,, ..... TO TO TO TO TO W'1530:l54<l45
\,1!sOEIME1NO~
lBu.NKET CuARGE) ~

I

II \ J1'\

I~V k ~ 1/~

V

\ V1\ II

\

UNDER 16 '11 '163\ % 41 OVER
16 TO TO 10 TO TO To 4-5 1O~:30"~45
AGE crROUP

UNDER I. '11 'I. 31 :% 41 OVER +5 1<0 TO 1'0 TO TO TO To
1O~:30Y.i~45
AErE 6-ROUP

AerE GR.OUP
UWO'" \. '1.1 '1.6 31 % 4\ OVER
16 TO"''' TO To TO To 45
'10?5:30 4 40 45
11! I
KIDNAPPING-

1\ \

h

1

\

Ji

\.../1\

UNOE. I. '11 2' 31 3641 OVER I" 45 Td TO TO To TO Tl) lO~:30gW45
AG-E 6-I<OUP

AGE GROUP
UNDe.R. ltD '11 7.6 31 30 +1 OVEtt 1<0 45 TO TO "TO TO TOTO '10'2530354045

50

! ULAlloJ ITAME LAWS- 40

"0

1\

30 ;
()
70 ~

II I"-1\ I

-<

VI

Y 10
1\ o

UNDER 16 '11 '16 3\ 36 41 OVER

16

+5 To 'TO TO 'lD "TO TO

W~:30~W45

A G-E crROUP

appear to be of this type. In addition, the seasons seem to have some effect on nearly all types of crimes. Exhibit I shows the percentage of certain crimes charged each month. Consecu-

concealed weapons, auto theft, burglary, and robbery. On the other aand, some crimes, such as stabbing and adultery and fornication, seem to be charged against some types of women more

AgLGroup

Under---U;

16 - 20
,0 21 - 25
26 -

31 - 35

~16

-

40
50

Over 50

TOTAL

TABLE IV

RACE AND SEX OF THOSE ACCUSED OF CRIME AS SHOWN BY JAIL DOCKETS OF 27 GEORGIA COUNTIES
By Age Groups January 1, 1926 - Decem~er 31, 1935

Total Cases N1u,7m7b5er-Per1ce.n2t

29,231 35,838
29.~69
19,861
1~,639
13,102 7,444

19.~ 23.~
19.6 12.5
9.S 8.7 5.0

150,359 100.0

White
0__ M6al3e"7-..-F--e-m- a2le0-

12,103

583

13,382 1,272

13,652

805

7,183

836

5,431 1,030

~,~14

458

2,472

154

_ - ...

--- .-------------,------------

59,274 5,164

__ Neg:rog_ _
.. --1M;a6le0gF-e-mI0al4e

15,412 17,690 12,537
8,267 5,841 6,901 4,184

1,133 3,494 2,475 2,575 2,337
1,32~
63'+-

_ - - - - - .. -~-._-_
71,840 14,ogl

tive cases from the sheriff's jail docket in readily than against some types of men. Table

twelve counties for a ten-year period constitute the basic data for these charts.
In addition to a seasonal difference between

. III lists the several crime types studied, and
shows the percentage committed by male and fe,
male for the white and Negro races.

the several crimes, there is also a d1fference

Different races and different sexes seem to

in the percentage committed by women and men of react toward the several crimes in slightly dif-

both races. There are crimes which, by defini- ferent ages. Exhibit II shows the age curve for

tion, can be committed only by men, such as males and females of both races for each of the

rape, and seduction; and other crimes, which, by listed crimes. Some crimes are committed more

their very nature, are more likely to be commit- often by youths under twenty than others. Crimes

ted by men than by women. In addition, there in which youths under twenty are preponderate

are crimes which appeal to men to a larger ex- are assault with intent to murder, operating an

tent than to women, as, for example, carrying automobile while intoxicated, burglary, larceny

- 22 -

ofautomobile"o~ bicycle. other larcenies, seduct1on, bastardy. r1oting.l and the blanket charge "felony."
There seems little doubt that any successful attempt to solve the crime problem in Georgia must f1rst produce cond1tions in Which the youth of the State find a Qat1sfactory existence. This cannot be done by any group of laws which is primarily regulatory, but must be an attempt to make more satisfactory socio-economic condi-

tions for all peoples of the state. Changes of this nature would give the youth greater chances to enter fields of endeavor other than orime. There are, however, in the oourt system many features whioh could be improved and whioh, under improvement, might have a marked effeot on the types of people coming before the oourts. In the following chapters, features of oourt procedure are detailed in the order in which they are met by the defendant.

EXHIBIT] lCoHt'D)
AtiES OF PERSONS ACCUSED OF CRIME
fly PER CENTS
JANUARY 1,1926 THR.OUG-I-l DECEMBER 31. 1935
fROM JAIL DOCI<ETS OF 27 crEOR6'IA COUNTIES

60
so

A G- Eo ErROUP UNIltR 16 '21 '26 :31 :36 41 OVER
16 TO TO TO TO TO 10 45 '20 '25 30:35 40 45
I 1I I
CRIMINAL HOMICIDES -

i 40

u"' ~O
""'"-' 70

I
II 1\

j 1'--J\.

10 If
0 ./

I\-V 1"-..

60 50

IIII
CRIMINAL ASS~UL1
5TA&&ING' -

...
z

40

uw 30

w'"
"-

20

10

0

I,...+-..
j
/ 1\ V\

60

C~RJ'N~

50

DEADLV -

~40
uw 30

/\
J\

WEAPONS

wIi "-

20

10

/
II

\

0 60
I- 50
;Z
uw 40

I

II

l>lS't. OF Pu&U( l'EAa

Hor.OING-

Ii w

30

0-
70

\0

0

/1\

J 1'.v~

V

\

4r;.;; UNDERI6 21 'Zf>:31 36 41 OVER
16 ;';6;'; 45

A&E GR.OUP

AG-E GROUP
UNDER 16 '21 '26 ~I 36 41 OVE'
16 TO TO 10 TO '10 TO 45 '20'25~3540'"
I I .1 I
ca,MtNl'l UOMlC1OE
MURDER

1/ \

)

I"
I"\.

II

l\- t......

~\~l~~l ~S5AU~!
MSAUL1 &.I!oATTERV

1'1\
\

I

,/

-\'..-r-...

'opillA~N& I AUTO -
WHILE DRUNk

/'r'\

I I'.~

V

\ ".....

~'''~...~'''';,.

IIlLiCIOUS

MISC...IEF

[\

i\

IJ 1\

LJ

\

UNO" 16 '21 '26 ~I :36 41 OVER It; ; ; ~;s~z, 46

AGE GR.OUP

WHITE M~LE

A&E ErR.OUP UNbER 16 '21 26 31 36 ~I OVER
IE. TO TO TO TO TO TO 45 10'2530354045
1 dRIMIN1L
ASSAULT

II '\

I 1\1--

V

1"-v I"-

OI.l~'NA!A$JUlT WIFE I'>.ATIN6-

1/1\ /

1\

Ij

'ro- t-....

DI~UIR&~NC~ OF THE -
PU&l.IC PEACE

I 1\

II I\.

1I

\ to-I-e..

DIST. Of PuPtLlC I'w OTHER
DISTUIl.&AHCES
1\
~
1\
v
UNDER 16 '2.1 '26 3/ 36 41 OVER 16 TO 10 'to 10 TO 1t 45 W25:30354045 AGE GROUP

A&E GROUP UNDER 16 '21 26 31 :36 41 OVER
16 TO 10 TOW 'TO TO 45 'lO2530354045
'("M',",,''".!.1
WIT H INTENTTO MURDER

/[\

I J-~

V

1'\V 1\

~""'~ 1SSAU~T

, PotNTI... P,STOL

I'\.

~T ANOTHER.

1\

\

Ij

"r---.
IIII

OIST.Of\lU&lKI'f-'Cf

DRUNKENNESS -

:"\.

r\

I\..

l/

r\

J~~R)-

I..... "'\

J\

V

I' ~I"-

UNDER '6 '21 '26 :31 36 41 OV<ll
16 iO ;5 ; ;5 ~: 45

AGE crROU P

A&E ErROUP

UNDER 16 '21 '26 31 :36 41 OVER 16 TO 10 "TO TO TO TO 4.5
2025~354045
1 1 _I I
CQIMINM. A.SSA.UlT
SHOOTIN6lT-

60 50

ANOTHER

40 ~ "P

V-1\

1/ \11

II

'V

30 n m
20 ~
10
r\ o

IOl.lJIN"Lt$.w~T 60
SIMPLE - 50

~fl r-- .I

"'S5lULT
._j-- j-- ---l- 40
30

m""
;0
()
m

'20

Z
~

I 1\

\0

V\

o

Ol~_oflpu~L:~ 60

VACORANCV - 50

40 ;:;

{~
I l-
II

;0
30 ()
m ;z
'20 --i

\ I-~

10 0

60 1I I

I!oUR<;LARY- 50

\
I\-
1\

40

-a m

"P

30 ()

m

70

z
--i

10

r---. t"'--.....

0

;s :0 UNDER 16 '21 26 ~I 3f> 41 OVER

16 'ZO '25 ; ,

~~ 45

A <tE. 6"ROUP

- 23 -

Ex I-li BIT ][ (CON"O)
AG-ES OF PERSONS ACCUSED OF CRIME
By PER CENTS JANUARY I. 19'26, TI-lROUcrl-l DECEM&ER ~1. 1935
FROM JAIL DOCKETS OF 21 crE.ORcrlll. COUNlIES

WI-IIU MALE

60 50

A", E GROUP
UNDER. 16 '2.1 '2.6 31 '36 41 OvER 16 TO TO lO TO TO TO 45 "2.0 '2.5 30 35 40 45
III
L~~CfNY

~ 40 voW 30 a:
OJ
0- 20
10
o

V r\
If j\,

r'\ ;...- t-...

A &0 GROUP
UNDER 16 21 26 ~I ~6 41 OVER 16 TO W TO 10 1'0 10 4-5 2D 25 ~~5 4C 45
-1- IlAR~~r
LAIlCENYOF AUTO
1\
\
l-t"---I- .......

60

liT!

50

lAQCEH'I' L~~CENY ~F1E~

tZ

40

uOJ

TRUS'

'" 30
OJ
0- 70

f\ \.

t"---

V 10
o)

\vt'\ l/

III
_ ~~c:~;
LARCENY
1\
1\

60
50
t-
Z 40
uUJ
'" 30
UJ
0- '20
10
o

_ I 1 I
~:;;v
LAR.~EN,(

UEN)

(\

lARCENY OF C~ICKENI

'\

!

L

\

i

I

!

\! I

j ,

r-

, +- \ li~ 1\

f--~

Vi f...l- j'...

I
r-..... I

I

60
50
t-
~ 40 u '" 30 7 0 UJ
0-
10
0
60
f- 50
"2
~ 40
c< 30
w
0- 70
10
o
60
50
t-
~ 40 u ct 30
IU
0- 20
10
o

JJ I
SEXCIRIME

1/1\

I

- I\.. ........N I-..
IsJ, cl,J I
PUBLIC INDECENCY

1\
\
l'.

t"--- -I-..

vttoJ~ MOTOR VEHICLE lAW

If\.

I

I\

I

....... t"---
V \-
UNDU" 11 16 31 % 41 OV'ER 1" TOTOTCI TO 10 TO 45
'lO'Z5~.35404!5
A<H GROU P

I 1I
SEXCRlt.lE
RAPE

\

I \1-

I

'"......'-""
IIII

SoCRIIIIE _
SODOMY Eo.

&EAS1IALITY

,--

II j\,

:/

"\V \

III
VIOLATION PROMIBITION
LAWS
,

I If 1\

w I \

- ~

r-. 1'\

IJNOER 1" tl 2' 3f % 41 OVER
I"TOTOTOTDTOT045
'207.5303540046
AGE oROUP

AGE GROUP
UNDER 16 "21 '26 '1 36 4.1 OVER. 16 To TO TO "n) TO TO 40 2026~364045
II I1
L.II,RCENY LARCENY F~h\
IlOUSE
~

\.
-r\
"'- -

L..dEN)
ATTEMPTED
LARCENY

V~

I

1\

I

\.... .......

- f-- --

lilT
NON' SUPPORT
I

,/1\ - t--I

" "i',

l/

",;:::

-
"'\

III I
A:::U~~I;~TH -

If\.

\NTENT lO RAPE

I\

-
I 1\
V '" /"IIII frAM~L1NO. --..

II\

I\

I

-j\,

Iv,p,l, I
PoSSESSION OF LIQUOR

1\
I\
J\

l/

"'-~

UNDER 16 ZI Zl> 31 3.. 41 OYER
16 TCITOTOTOTOTO 4.5
'ill '25 ~ 3!'} 40 45
AcrE &RO UP

A 6E GROUP
UNDER. 16 21 '26 3,1 36 41 OVER
' b m w TOW 10 TO 45 '20 25 30 36 40 45
I-ITT
LARCENY
LARCENY F""'" PERSON
i'.
\
\
TTl-
C~e:.~~~~~-

AcrE GROUP

UNDE.R 16 '2\ '1.6 3\ '36 41 O\lf.R
1610'" TO TO TOTO 45 '20 ~ 303540 45

ILLlv I1_ 60

L.Il.CENYOOF - 50

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Ex IT H I BIT (CONT'O)
AGES OF PERSONS ACCUSED OF CRIME
p'y PER. CENTS
JANUARY 1,19'26, HIROUcrH DECEMBER 31. Iq35
fR.OM JAIL DOCKETS OF 7.1 6"EOR0IA COUNTIES

COLORED MALE

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n ExHla'T (CONT'D)
AG'ES OF PERSONS ACCUSED OF CRIME
By PER CeNTS
JANtJARYI. IQ-ZG. T1-1ROU<7!-l DeCEMaER 31. I q35
fROU JAIL DOCKETS OF 7.7 G"EORErIA COUNTIES

COlORED iAALE

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50

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EXH I BIT][ (cOl,Il'O)
AG-ES OF PERSONS ACCUSED OF CRIME
By Pm CENTS JANUARY I. 192b,THROU6H DECEMBER 31. 1935 FROM JAil DOCKETS OF 77 crEORG-IA COUNTIES

W"ITE FEMALE

AGE G-RouP

AGE GROUP

AGE G-ROUP

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AG-E GROUP

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ho ..... _ ,., TO 45 .... 'To

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'10"5:30354045
50

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- 27 -

n EX~IBIT

(CONTO)

AGES OF PERSONS AccuseD OF CRIME

By PER CENTS
JANUARY I, 19'26, TI-lROUG'~ DECEMBER. '3\, \935

FROM lAI L DOC\(ETS OF '21 crEORG-I A COUNTIES

COLOA.ED FEM"LE

AcrE G-R.OUP

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16 TO Tel TO -no- To To 45

If;, TO .... TDTOToTO 45

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45 TO 'nO Tel TO or.. TO

I'" To T"D ''It> T<l TO To 4-5

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TO Til 'YO "To TO> 1'0

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till II: III!I~.L~. ~. 50 40 til
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- 28 -

Chapter N
BAIL I)oNDs

STATUTORY AND CONSTITUTIONAL PROVISIONS: Arter

a person has been arrested or bound over to a

trial court, he may be released from jail pend-

ing his trial by giving approved bail to the proper officerYl Ba11 may be defined as that se-

curity given upon which the accused is delivered

"to another or others who becomes entitled to

his custody, and responsible for his appearance

when and where agreed in fulfillment of the pur-
('Zl
pose of the arrest." Under such a plan, the ac-

cused is not punished before conviction and his

attendance upon court at the proper time and

place

is

as

s

ur

e

d5

3 )

As

a

protection

against

arbi-

trary requirements, provision is made in the

Constitutions of the State and Nation that "ex-

cessive bail shall not be required." (4)

Under the Georgia law, the jUdicial officer

before whom the case is brought for preliminary

hearing sets the amount of the bail, except in capital and occasionally in misdemeanor case~~

Two factors determine what that amount shall be:

The likelihood of the accused making an appear-

ance at his trial, and the crime of which the person is accused~) The weight of this latter

factor is so great that capital cases are bail-

able only before a jUdge of the Superior Court,

and the granting of bail in such cases is a
(1)
"matter of sound discretion." While in many

states the size of bail bonds required for each

specific crime is set by statute, no provision

of this type exists in the Georgia law.

The sheriff, as executive officer of the

court, passes on the bail bond tendered by an

accused, and is left to his own discretion in

(1) Sec. 27-418 Ga. Code 1933. (2) p. 197, Vol. I, New Criminal Law Procedure, J. P.
Bishop. E. W. Stephens Co., 1886.
(3) 32 Ga. App. 339 (1). (4) Amendment to the Constitution cTf U. S., Par. IX;
Sec. 1, Art. I. Constitution of Georgia.
(5) Sees. 27-801;27-901 Ga. Code 1933. (6) 6 Corpus Juris.
nl Sec. 27-901 Ga. Code 1933.

determining the SUfficiency of bail bond suretiesl~s1nce there are no regulations in the Code which list their qualifications. If the accused feels that the amount is excessive or that the sheriff erred in refusing to accept the tendered bail, he may apply for a writ of habeas corpus the remedy open to all persons detained without proper authority. (9)
In becoming surety on a bail bond, a person places at the disposal of the State a monetary guarantee for the appearance of the defendant at the trial. At any time before trial the surety has the privilege of releasing himself from this obligation by delivering the accused into the custody of the sheriff and requesting that he be released from his obligation~~ Anyone of the several sureties on the same bond has this privilege. If the accused personally appears at h1s trial, the obligat1on becomes null and void; but if he does not appear, the State moves for the forfeiture of the bond by issuing a Wl'it of scire facias - a demand for the sureties and defendant to appear in court and show cause why a judgment in the amount of the bond should not be entered against them}lI) After the defendant at bail fails to appear at his trial and the term has expired~l'Z)the court alone has the power of releasing a surety, although upon the trial of the scire facias or at any time before that date, if the sureties produce the body of the accused or show sufficient legal cause why he did not appear,(13) they may escape liability by paying all costs which have accrued. After the issuance of the writ of scire facias, the case becomes a civil suit between the State and the
(6) Sec. 27-902 Ga. Code 1933. (9) 117 Ga. 305. ("1 Sec. 27-904 Ga. Code 1933. (tI) Sees. 27-905:27-906 ibid.
,I')Q~ Sec. 27-904 ibid. 112 Ga. 648.

- 29 -

sureties~)and if judgment is entered, the state

may colleot this forfeiture in the manner that

':

.

\~

other JUdgments are oolleoted.

TYPES OF BAIL BONDS: The aooused, on being faoed

with the alternative of going to jailor being

released on bail, often finds the latter preju-

dioed by the amount of the bond and acceptabili-

ty of sureties. He may give his own reoogni-

zance, a cash bond, a surety oompany bond, or a

bond signed by one or more individuals, whioh-

ever is suffioient seourity in the eyes of the offioials aooepting the bail(.3) Where he gives

his own recognizance, the accused becomes his

own bail and guarantees that he will appear for

trial by pledging his prope~ty in the amount of

assessed bail. Such a bond can-be forfeited and

JUdgment rendered against the accused in the same manner as for other bonds.~)

He may also beoome his own bail by placing

on deposit with the officer the amount of the

bond in cash. This type of bond is an advantage

to the State in that when final JUdgment is ren-

dered, it is immediately collectible. General-

ly, the officer assessing bail names the amount

without specifying the type of oond acceptable.

When this is done, friends of the accused often

sign his bond as sureties. In such cases, each

becomes individually subject to the conditions

of this bail bond, and, therefore, liable for

the payment of its face amount. The sad experi-

enoe of many persons whose estates have been
wrecked by defendants jumping bail have caused

persons not thoroughly familiar with the work-

ings of the court to be hesitant about becoming

sureties. In oities, it is often difficult for

an acoused to find friends willing to go his

bail, and this faot has given rise in those

areas to a speoifio type of bondsman who makes a

profession of becoming surety and who is given
(5)
the name "professional bondsman." This individ-

ual sells his services for a fee, and his activities are regulated in part by statute and in part by the ordinanoes of the city in whioh he operates, BAIL BOND PRACTICES: In some states the entire prooedure of bail bonds is completely codified and the practice is uniform. In Georgia, however, it varies from oounty to county and from Judioial officer to JUdicial officer. All bail bonds in one urban county were handled by the solicitor who kept them in his office and distributed them to the sureties after the aocused had made his appearance at trial. In a large number of oounties, the sheriff kept all bail bonds in his otfioe, but made no reoord of them. It was a general praotioe, however, tor the sheriff to have a bond docket in whioh he entered the amount ot the bond, the conditions thereto, and the sureties.
In theory it is expeoted that no person will be allowed to beoome surety for another unless he possesses property equal in amount to the full faoe of the bond in addition to such legal exemptions as he may claim.(6l A praotice ourrent in some urban oounties requires a description of the property owned by the surety. In one county a bond attorney is employed to check the qualification statements ot the sureties, but otten he is not given the opportunity to pass on the bond until after the accused has been released. The praotioe in another oounty is tor the surety to file a qualifioation statement with a desoription ot his real property, in addition to which he must have an atfidavit trom the tax reoeiver to the effeot that this property has been returned for taxation. The valuation, as fixed by the tax ofticer, must be greater than the amount of the assessed bail bond. This eliminates the danger of the bondsman signing a single bond of greater size than a oonservative

(1) Sec. 27-906 Ga. Code 1933. (2) 6 Corpus Juris p. 1074, Sec. 373. (3) Secs. 27-901;27-902 Ga. Code 192'
(4-) Sec. 27-905 ibid. (5) Sec. 27-502 ibid.

(6) Royal Statutes 866; p. 405. 3rd Edition. "The Duties of Sheriff's. Coroners and Constables". John C. Crooker,
Banks & Bros., New York. 1890; p. 89. Chap. III. 2nd Edition. "Handbook of Criminal Law". WIn. L. Clark. Jr
West Publishing Co st. Paul. Minn 1902; 6 Corpus Juris 908 (49).
- 30 -

value of hie real property. Many other counties many times the value of their taxable holdings.

require a surEty' to fHe an affidavit with the

In the rural counties, even those adjacent

bond citing that'Che is owner''Of property in that to the metropolitan areas, the professional

county to the amount of said bond above all bondsman does not operate. Recent years have

debts and liabilities, but only in rare cases is such an affidavit investigated.
In a rural county just prior to a recent term of court, the docket was found to contain thirty-six criminal cases. No defendant was in jail and more than one-third of them had been

MIL e>OND5 R.EQUIRED IN FELONY AND

MISDEMEANOR. CASES

IN A RURAL GE.ORG-IA COUNTY

BY AMOUNT OF e.ONDS IN PER CENTS

PERCENT

JANUARY l. IQ'2b'DECEM~EIl.31.1935

PERCENT

100i--l]]llr--lliir--l'OO

allowed to give their own recognizances. Chart

80

II shows the aize of bonds required for felony

and misdemeanor cases for this county during the

60

60

period. 1926-1935.

PROFESSIONAL BONDSMEN: The professional bonds40

40

man is an urban phenomenon, and is usually wil1-

ing to provide bail for anyone. In order to

'20f-----iL

'20

moderate the activities of professional sure-

ties, regulatory statutes have been passed by the General Assemb1y(1)and sometimes ordinances by city authorities; but, for some reason, all such regulations seem difficult of enforcement, aQd even so simple a requirement as the annual registration of such persons is not always carried out.
Comment has been made about the connections of professional bondsmen with the so-called dcrimina1 element." Even more comment has been made regarding their actual criminal records. Three of the four largest operators in one county were found to have police histories.

0'----

o

OF BOND: AMOUNT

'100,00 ORUS._ 110I.OOJwO,oo~1'201.00.1:300.00 ~

1301.QO!SOO.OO ~IS01.00 "1000.00 [ I ]

n (I-IART No

shown a marked increase, however, in the use of this type of surety in the mope urban counties. For 1935 in Fulton County, 77.5 percent of the

TABLE V*
VALUE OF PROPERTY RETURNED FOR TAXATION TO BAIL BOND OBLIGATIONS
9 Professional Bondsmen in Georgia 1935

Since the bail bond is insurance for the state against the non-appearance of the accused at his trial, if the surety does not own sufficient property to cover the face amount of the bond, it is uncollectible and the insurance va~ue1ess. Activities of professional bondsmen

Bondsman
A B C D E
F G H I

were studied With reference to the amount of bail bonds they had assumed in the year 1935 as compared to the property they had returned for taxation. The results indicate that such persons are often obligated at one time in amounts

*Source: Bond dockets and tax digests of 3 Georgia counties
bail bond sureties were professional bondsmen, as compared to 50.g percent in 1926. (See Appendix C, Table 6, ror annual comparisons.) The types of bail bonds accepted in Fulton Coun-

(ll Sec. 27-501 et sequi Ga. Code 1933.

ty are shown in Charts III and IV.

- 31

AMOUNT OF BAIL~ON~S: Since a primary purpose of bail is the insurance of_Ahe accused's attendance upon his trial, if this purpose is accomplished, the amount of the bail bond and the

The size of bail bonds accepted in these three counties 1s shown in percents in Table VI. (For tapl~ in numbers, see Appendix C, Table 8.)
The gravity of the offense is expected to

type of the suretiss are matters of little moment. On the other hand, if the attendance of the accused is not accomplished, it follows that the procedure or regulations affecting bail bonds are faulty. In some states the amount of bond required is of sUfficient importance to be set by statute for each crime, but no statutory provision as to amount governs the assessment of bail in Georgia. This has caused some officers to require bonds of several sizes for the same crimes. Recently in a rural county, for the
TYPES OF BAIL ~ONDS ACCEPTED IN FULTON COUNTY, GEORGIA
JANUARY 1,1926 - DECEM~ER 31,1935 (FROM e>OND DOCKET OF FULTON COUNTY)

IX>ND SIGNED f>Y:

DEFENDANT - fRIENDS AS SURETI ES DEFE'NDANT- OWN ~ECOGNIZANCE DEFENDANT-PROf ~NDSt.AAN AS SURETY

13,'233 '2.\01
'29,29'2.

DEFENDANT-SURETV CO. AS SURETY

7tl

CASI-l DEpOSITED WITI-l SIlERlfF IN LIEU OF f>oND 1039

TOTAL

45.743

CHART No.m
)rirne of assault and battery, a bond of $1,000 .&s demanded; yet in many counties bonds for

S100 for this offense are frequently accepted.

The requirement of $1,000 seems a bit unusual

since a study of three counties in which the in-

formation was available for the period 1926 to

1935 revealed that approximately 12 percent of the bonds set were for amounts above $500, and

two and six-tenths of one percent above $1,000.

TABLE VI*

BAIL BOND ASSESSMENTS IN GEORGIA COUNTIES In Percents
January 1, 1926 - December 31, 1935

In Percents

Size

Total

100 or Less

101-200

24.5

201-300

12.5

301-500

11.0

501-1,000

9.0

1,001-5,000 23

5,001-10,000 .2

Over $10,000

.1

Urban Count}'.
42.3
23.8 10.8 10.9
9.5 2.4
.2
.1

Ru-Urban
t count 17 30.!'l 34.7 12.6 3. 4 .8 .1

Rural
t count 8. 76.1 4.1 7.g
39

TOTAL

100.0

100.0

100.0 100.'0

*Source: Bond dockets of 3 counties.

have due weight in the assessment of bail, but from the study of 74,g92 cases from the bond docket of an urban county, little relationship of this type appears to exist. For assault and battery, for instance, the amount of assessed bail varied from $100 to over $10,000, and for murder, from $100 to $10,000. Table VII lists the amount of bail required for the several crimes. FORFEITURE PRACTICES: When the court announces its readiness to try a case and the accused does not appear at the bar, it is customary for the oourt to have this particular defendant called by the sheriff. This is an old historic procedure and oonsists in the sheriff's oa1ling the defendant's name in a loud voice, and citing the fact that he must appear in court or his bond will be forfeited. If he does not appear by the end of the term, a scire facias will be issued to the principal and the sureties requiring them to be in court and show cause why the bond should not be forfeited. These papers are often issued on the last day of the oourt's sitting, and the record of this proceeding is usually in the minute docket of the court. el.)
At the next term, the Bureties are expected
(D Sec. 27-905 Ga. Code 1933.

- 32 -

to present thems~lves with their reasons why the cases. In recent years there seems to have been

bond should not. be forfei~.ed. If the sureties greater effort toward the collection of such

have brought the accused into court, the jUdge bonds in this particular county, since the num-

must set aside this writ upon the payment of the bers remaining outstanding are much smaller than

costs by the accused or his sureties!U If the in previous years. (Appendix C, Table 11, lists

defendant is not brought into court, and there the bond forfeitures not set aside in which no

is no legal cause why he cannot be, jUdgment final prosecution has been made.)

will be rendered against the principal and the sureties for the amount of the bond.(Zl This step does not close the criminal prosecution and at any future date, the defendant may be haled be-

TYPES OF MIL ~ONDS ACCEPTED IN FULTON COUNTY, 6EORGIA 1935
(fROM BOND Doc K ET Of fULTON COUNTY)

fore the court for trial on the criminal issue

of which he is accused.") The liablli ties of the

sureties are satisfied upon the payment of the

jUdgment.

The collection of this jUdgment may be a

lengthy process. According to a statement of a

court official in one of the urban counties,

there had been no bond forfeitures collected in

over fifteen years. Several clerks of the court

indicated that collection of bond forfeitures was unsatisfactory in their counties.
Where court officials are on fees, forfeitures are paid into the insolvent fund of the county and disbursed to the several officials. Where they are on salary ,(4\ forfeitures are paid to the clerk who deposits them in the general fund of the county to be disbursed by the county I s governing board.(5) If jUdgment on bonds are not paid voluntarily, it is a duty of the executive arm of the court to force payment.
In a lar~e urban county, during the period between 1926 and 1935, there were 7,~21 defendants who failed to appear at court and whose sureties were called to answer why these bail bonds should not be forfeited. These bond forfeitures were set aside in 5,~61 cases. Of the remaining 1,960, ~6 were paid after judgment had been rendered against the principal and sureties. No final judgment was taken in 120

~OND SIGNED BY: DEfENDANT-fRIENDS AS SURETIES DEfENDANT- OWN RECO&tm.ANCE DEfENDANT- PROF. BONDSMAN AS SURETY

&90
195 3,904

CASI-l DEPOSITED WITI-I SI-lERlfF IN liEU Of 50ND 4-5

TOTAL

CI-lART No.N

5,034-

ADVANTAGES VESTED IN THE DEFENDANT: The pro-

cedure followed regarding bail bond forfeiture

in Georgia has proVided a distinct means for the abatement of trial. A defendant at bail, not

wishing to be tried at a specific term, may fail

to appear until a later term. In such a case,

even though his bond was ordered forfeited at

the term of court at which he did not appear, this step amounts to little, since it will be set aside by his appearance at court and payment of the accrued costs. Often it is in the interest of the defendant to delay his trial for a

period, and the delay for a single term is often sufficient for the evidence against him to waste

rl) Sec. 27-904 ibid. (2) Sec. 27-906 ibid. (31? Ga. App. 686, 32 Ga. App. 450. (41 ~ec. 27-2902 ibid. (5) ibid..

itself. The solicitor, because of such unwarranted continuance, is so~etime8 forced to request a nol Rros.

- 33

When forfe*yur~s are not collected, it is evident that the bail bond~qes not completely fill its purpose. If the failure of the defendant to appear at his trial is due to the faot that the bond was too small, then perhaps a oorreotive measure in the form of a statute providing for uniform bonds for eaoh orime might be a solution. On the other hand, if the forfeiture prooedure never reaohes the plaoe where the surety or the defendant pays the faoe of the bond, it is to be expeoted that the defendant in oollusion with his sureties will have no hesi-

tanoy in skipping bail. If the sureties were always forced to pay the faoe of the bond on the failure of the defendant to appear at oourt at the proper time, it is likely that there would never be collusion between the defendant and his surety in an effort to avoid trial. It seems from records in the several counties studied that the sureties and the principals on bonds feel that bond is a relatively insignificant thing to be used for the hindrance of the operation of the law rather than as a protection of a constitutional right.

TABLE VII*

SIZE OF BONDS REQUIRED IN AN URBAN GEORGIA COUNTY By Crimes _
January 1. 1926 - December 31. 1935

Misdemeanors

CRIMES

Toi;al Under Cases $ 50

$50 $101 $201 $301 $401 $501 $601 $801 $1001 $5001

Over

100 200 300 400 500 600 800 1000 5000 10000 $10000

Adultery and Fornioation

646

5

308

198

69

38

1

23

4

Assault

571

164

219 126

5 45

1

7

4

Assault and Bai;i;ery

2,779

1,194

730 526 23 250

5

4

42

4

1

Carrying Deadly Weapons

2,502

1 1,028

918 395 13 129

4

3

8

1

2

'::heating and Swindling

3.373

1 1,823

677 379 47 273 13 20

94 44

2

Disturbing Divine Worship Drunkenness Gambling Larceny. simple Maintaining Lewd House

41 1,984 4.639 1,088
109

20

15

1

5

5 1,446

358

91

8 70

5

1

32 2,894

901 424

9 278

7

3

72 19

315 327 179

1 180

1

1

70 14

44

32

14

2 11

1

1

3

1

Misdemeanor. miscellaneous 5,165

68 2,778

937 440 42 532

6 17 273 71

1

Opere.-ting Auto While Drunk 3,480

1 1,575 1,149 51'1 30 182

4

23

1

1

'Public Indecency

124

42

33

23

16

1

5

4

Receiving Stolen Goods

540

5

160

98

88

5 124

2

5

40 13

Stabbing

1,011

316

379 224

3 78

1

6

4

Vagrancy

1,717

1,142

349

86

6 119

12

2

1

Violating of Geme Law

49

45

4

Violation of Motor Veh. Law 1 ,258

30

723

272 111

9 86

2

1

21

3

Violation of Prohibition Law 24,282

7 11,692 7,319 2,590 182 1.979 47 35 385 45

1

Wife Beating

1,010

375

319 211

5 87

2

8

3

Felonies

Arson

32

Assault ,with Intent to k~der 1,953

Assault with Intent to Rape

159

Boastialii;y

34

1

1

2

21

7

42

129 254 26 736

5 32 528 182

17

2

2

5

9

2 27

7

2

57 39

9

1

2

6 22

3

Bigwny Burglary Embezzlement
Felony. miscellaneous Forgery

49

3

3

8

15

2

15 3

<'_.728

1

37

132

72

7 400 41 28 1,733 249

26

2

72

2

3

4

17

2

-

11 22

4

7

1.145

80

113 131

4 308 17 12 304 149

25

2

538

21

27

54 19 g9

3 174 71

20

Kidnapping
Larceil Larceny of Automobile llanslaughter Murder

64

5

1

6

13 1

21 17

7,815

13 3,162 2,045 961 58 1,026 44 50 364- 86

6

1,978

48

52

46

5 178

1

5 1,477 161

5

160

4

6

14

2 42

3

2

53 32

2

21

1

1

1

4

3 10

1

Perjury Rape Robbery Seduotion

147

1

7

6

23

3 31

2

1

39 31

3

28

1

1

2

4

10

9

1

1,512

15

33

43

1 213

4

6 664 496

37

89

2

1

5

1 28

4

6

26 15

1

urbancounty. GRAl<D TOTAL CASES

74.892

*Source: Bond dockei; of-the

170 31.517 17.793 8.124 519 7,677 228 245 6,599 1.838 ~

l'l

3\

Chapter'l
CASES e>EFORE CITY COURTS

In order that misdemeanor cases may be practice in any court other than their own.

brought to trial with minimum delay, the General Other functions are usually performed as ex-of-

Assembly designed three types of special courts ficio duties by superior court officers (for de-

for their disposition. The most prevalent type tails see acts of Georgia General Assembly).

now in operation, "constitutional city oourts,

The misdemeanor courts* of the counties in

are established by legislative enactment under which the Superior Court was studied constitute

that provision of the Constitution whioh grants the sample upon which the figures in this chap-

the General Assembly authority to create oourts ter are based. (Map II shows the relative loca-

of limited jurisdiction similar to the ones tion of these courts within the State.) Sched-

funotioning in Atlanta and Savannah at the time ules were gathered from the cases as they ap-

of the Constitution's adoption.(I) The seoond most peared on the docket so that they constitute

usual type, the "grand jury oity court, is es- cross-section of the charges brought in tha

tablished upon the recommendation of the grand area. The number of cases. together with the

Jury of the county in Whioh the court is locat- year in which brought, is listed in Table VIII.

edJ21 At one time the most popular type of infe- Due to the fact that some courts were in opera-

rior court with misdemeanor jurisdiotion was the tion only a part of the period, the city court

.county court, but now only a few of these cases of those counties must be studied along

oourts remain in operation. They were establish- with those of the Superior Court in order that

ed sometimes by legislative enactment and some- the complete history of any particular crime

times upon reoommendation of the grand jury in may be reviewed.

accordance with a general law.l:31 While grand jury

The depression has been accused of fathering

city oourts and county courts are established a great crime wave, but such does not appear to

under a general law granting the grand jury have been true when the cases coming before the

power to act, the General Assembly reserves for city courts are considered. If only the cases

itself the power to abolish courts once they brought in those courts which operated the full

have been established. Since each co~rt is es- decade are considered, there has been only a

tablished for an individual county, effort has relatively small change in the number of cases

been made by those responsible to make it fit brought. On the other hand, there are some mark-

the conditions therein. Such steps are often ed variations in certain individual crimes, some

refleoted in the specifications regarding the of which increased in numbers and others which

several court officials.

decreased. Table IX lists the number of viola-

Usually the jUdge must be over twenty-five tions of the prohibition law and of simple

years of age, with at least three years' experi- larceny by years in which docketed. (For other

ence in the practice of law. In most instances, crimes, see Append~x D, Table 13.)

he is a,salaried officer, and is prohibited from

The oity and oounty courts were designed for

practicing in any state court. The solioitors the handling of all misdemeanor offenses, but in

generally must have had two or more years in the
practice of law, are fee paid offioers, and may
(1) Secs. 2-2901 ;2-3005 Ga. Code 1933.
(tl p. 96. Acts of 1890-S: . 107. Acts of 1892.
(,5) p. 288. Acts of 1871-72.

* AUTHOR'S NOTE: Since both city end county courts have
the same criminal jurisdiction. for the purposes of this report. no attempt was made to separate the cases coming before the severe.1 types of court. end the term "city court" will mean e.11 inferior courts with misdemeanor ju-
risdiction.

- 35 -

certain counties and for the state as a whole, those charges directly related to the posses-

it seems that a la~ger part of. their work is de- sion, sale, or transportation of liquor, and not

voted to cases involving about ten crimes.* Ap- to any crime growing out of its use.) The com-
TABLE VIII*

COmITY

Total

1926

MISDE1IEAllOR CASES By Year in Which Docketed 29 City Ccurts of Georgia
January 1. 1926 - Deoember 31. 1935

1927

1928

Year in which Docketed

1929

1930

1931

1932

1933

1934

1935

Fulton Appling **** Bacon ****
Bibb Brantley ****

60,233 811 406
9,618 329

6.115
-136
-999

4.915
-140
920 78

5.197
134 22
1.075 177

5.452
92 51 1.179 74

5.731
132 25
1,075

6.443 177 11 946

-6.877 11 900

- 6.375 174 854

- 6.499 80 882

- 6.629 32 788

Bulloch Burke Carroll Chathllm Chattooga ****

2.871

342

241

319

261

226

332

227

255

300

368

1,450

127

129

262

177

189

173

145

110

77

61

2,925

299

208

266

299

316

273

237

339

338

350

8,458

786

860

869

836

740

746

933 1,047

846

795

420

86

42

173

119

Clarke C1ay**** Coffee Coweta DeKalb
Dodge *** Dougherty Floyd Glynn Jenkins

1,871 236

227
-

-249

-192

231 46

217 34

189 18

148 22

149 23

137 40

132 53

1,507

101

179

201

244

167

86

108

212

111

98

3.770

383

429

365

356

377

285

335

390

430

420

7.538

647

702

902 1.202

736

700

583

548

689

829

2,853

530

- 113

447

344

539

88

245

286

261

3.006

342

338

330

365

315

402

316

236

225

137

3.479

221

337

390

416

396

375

245

357

343

399

2,106

179

332

269

250

257

251

181

124

92

171

1,549

152

191

210

180

177

163

80

133

130

133

Liberty
Lowndes ** Madison Meriwether **** Mitchell

569

95

58

62

79

67

66

40

55

12

35

3,826

400

545

476

440

522

680

596

167

1,065

136

79

188

152

112

83

72

68

109

66

1,071

139

139

104

185

188

135

85

96

1,906

143

121

207

204

245

263

218

186

147

172

Muscogee McIntosh ****
Richmond ** Troup

8,830 418

833
-

-843

733
-

976
-

-915

859 52

938 77

950 131

961 88

822 70

5,550

877 1,287

852 1.108 1,389

37

2,385

252

249

364

297

292

194

162

174

208

193

TOTAL

141,056 14,547 13,611 14,452 15,718 015,184

*'"*

City Court Dockets 1926-1935. Data ave.ilable: Impossible to complete work within given time limits.

*** Records for 1927 not available.

**** Court ~t in operation during full period.

14.478

13,624

13,398

13,030

13,014

proximately 30 percent, or 42,691 cases, of the bined total of these and of simple larceny

total cases docketed were violations of the pro- oharges - second in point of numbers - consti-

hibition law. (This classification inclUdes only tutes 46 peroent of all cases brought. If some

* AUTHOR'S NOTE: In attempting an analysis of these
cases. it became apparent that many solioitors had used different names for crimes whioh were identical or nearly so. Some solicitors gave the name of "simple laroeny" to all types of larceny oases whioh were brought before their oourts. In a f<m oourts. different accusations or indictrrcents were brought for each phase of the violation of the prohibition law, ..mile in other courts, the oharge "viola.tion of prohibitionla~ oovered all of its phases. In order to tabulate and organize all data gathering, it became necessary to group all charges whioh were apparently similar. with the result that 62 classifications were reached. Of these, the classification "misdemeanor" includes only those cases for which the exact crime charge could not be ascertained from the court records. On the other hand. the classification "miscellaneous misdemeanor" includes all those cases which are not closely allied to any of the olassifications, and of which less than ten cases were charged for all counties. (Appendix D. Table
12. lists these charges.)

expedient could be discovered which would reduoe these two crimes, progress would be made toward the elimination of almost one half the oases docketed in the city courts of that area under consideration. When those charged with assault and battery, carrying deadly weapons, operating an automobile while intoxicated, pUblic drunkenness and vagranoy are added to simple larceny and violations of prohibition law, these seven offenses account for 100,198 cases, or about 71 percent, of all cases docketed. Table X lists

- 36

the totals of the several crimes studied. (See

Appendix D, Taole 14, for .a detailed list of

orimes by counties.) TABLE IX*

VIOLATIONS PROHIBITION LAW !ND SIMPLE LARCENIES 19 City Courts in Georgia
January 1, 1926 - December 31, 1935

Violations of the Simple

Year in \"Ihich Prohibition Law

Larceny

Docketed

Number Percent Number Percent

1926
1927 1928
1929 1930 1931 1932 1933
;1.934 1935

4,537 3,995 4,558 4,696 3,912 4,207
3,806
3,163
2,908
2,435

11.9
10.5 11.9
12.3 10.2 11.0 10.0
8.3 7.6 6.3

1,479 1,547 1,660 1,638 2,119
2,183 2,558 2,421 2,230
2,390

7.4
7.7 8.2 8.1
10.5 10.6 12.7 12.0 1 1 .. 0
11.8

38,217

100.0 20,225 100.0

*Source: Dockets of 19 city courts

difference in "assault" and "assault and batteryll, yet the latter is tried much more often than the former. Stabbing, a type of the latter
orime, reaohes trial in 72 peroent of its oases,
while assault and battery reached trial little more than one-half the time, ,and assault oame before the court in only 42 peroent of its oases.
G-EOR6IA COUNTIES IN WHICH CASES fROM MISDEMEANOR. COURTS WERE STUDIED

Not only was violation of prohibition law

the largest item in the combined group, but it was the largest category of crime in all indi-

vidual counties stUdied, except two. In one of

these, simple larceny ranked first, With viola-

tion of prohibition law seoond; while in the

other, violation of the motor vehicle law ranked

first, with simple larceny second. No larceny

crimes were charged in one county where the most

prevalent offenses were violation of the prohi-

bition law and assault and battery. For another

county, adultery and fornication formed the

second largest group. In five counties, simple

larceny was moved from second to third place by

On the other hand, a olose examination

public drunkenness, but the importance of the reveals that there is some relationship in the

variations between the several counties dwin- peroentage of oases reaohing trial within the

dles when totals for the State are considered.
Of the 141,056 oases docketed, 73 peroent
were tried before January 1, 1936. (For the

several orime groups. For example, those oommonly oonsidered nuisanoe orimes are oonsistently low in ratios of oases to trial. With1n this

purpose of this stUdy, the designation "oase to type are disturbing divine worship, maintaining

trial" will be applied to any oase in whioh a a leWd house, malioious misohief, and the like.

plea of guilty was entered or in whioh a oonvio- Sex offenses, on the other hand, show a higher

tion or acquittal resulted.) This peroentage of than average proportion ooming before the

cases to trial is an average, and, as suoh, pre- oourts. The same is true of those disorderly

sents only the baokground of a pioture in whioh oonduot orimes of publio drunkenness, publio in-

the individual crimes are the detail. From the deoenoy and vagranoy, and the related vioes of

standpoint of human experienoe, there is little gambling and lottery. Table X also shows that

- 37 -

TABLE X*

DISPOSITION OF CASES By Crimes
29 City Courts of Georgia January 1. 1926 - Deoember 31. 1935

CRIMES Abandonment Adu1ter,y and Fornication Assault Assault and Battery Attempted Beastia1ity or Sod~

TOTJlL
Number Peroent 2.854 100.0 2.710 100.0
162 100.0
7.729 100.0 21 100.0

CASES TO TRIAL

NUlllber Peroent

1.848

64.8

2.020

74.5

69

42.6

4.360

56.4

16

76.2

Barbering without Lioense Bastardy Breaking. 1!:ntenng and Stealing Bribery. misdemeanor grade Carrying Deadly Weapons

141 931 448
20
6.930

100.0 100.0 100.0 100.0 100.0

57 659 372 13
5.158

40.4 70.8 83.0 65.0 74.4

Carrying on Lottery Cheating and Swindling Cruelty to Children and Animels Defaoing Publio Property Disturbing Divine Worship

2.576 4,429
245 49 543

100.0 100.0 100.0 100.0 100.0

2.100 2,319
139
33 346

81.5 52.4 56.7 67.4 63.7

Escaping Failure to Pay Oooupational Tax Firing Woods Gambling Hit and Run Driving

549 244 37 4,642
76

100.0 100.0 100.0 100.0 100.0

501 111
15 3.555
58

91.3 45.5 40.5 76.6 76.3

Illegal Arrests Laroeny, simple Laroeny After Trust Libel Maintaining Lewd House

50 22,806 1,155
15 342

100.0 100.0 100.0 100.0 100.0

32 17.833
722 5
170

64.0 78.2 62.5 33.3 49.7

Malioious Misohief Mayhem. misdemeanor grade
Misdemeanor, blanket oharge Misdemeanor, misoellaneous Obsoene Language

864 19
3,405 111 293

100.0 100.0 100.0 100.0 100.0

559

64.7

16

84.2

981

28.8

67

60.4

155

52.9

Obstruoting Legal Prooess Operating Auto while Drunk Operating Slot Maohine with Slugs Peeping Tom
Praotioing Profession without Lioense

30 7,138
114 47
55

100.0 100.0 100.0 100.0 100.0

11 6,033
74
34 34

36.7 84.5 64.9 72.3 61.8

Publio Drunkenness Publio Indeoency Reoeiving Stolen Goods Reoeiving Unstamped Tobaooos Removal of Mortr;aged Property

7,427 229 452 937 274

100.0 100.0 100.0 100.0 100.0

5.807 174 277 699
137

78.2 76.0 61.3 74.6
50.0

Resisting an Offioer Rioting Selling Mortgaged Property Shooting at Oooupied Dwelling Stabbing

70 250 128 58 2,485

100.0 100.0 100.0 100.0 100.0

32 116
62 39
1,802

45.7 46.4 48.4 67.2
72.5

Trespass Using Auto without Owner's Consent Using Horse without Owner's Consent Usury
Vagrancy

416 475
20
160 5.477

100.0 100.0 100.0 100.0 100.0

225 351
16 12 4.043

54.1 73.9 80.0
7.5 73.8

Violation of Common Sohoo1 Law Violation of County Health Rules Violation of Eleotion Lmws Violation of Game Laws
Violation of Highway Regulations

23 27 26 1,407 60

100.0 100.0 100.0 100.0 100.0

13

56.5

18

66.7

8

30.8

897

63.8

36

60.0

Violation of Labor Laws Violation of Motor Carrier Laws Violation of Motor Vehio1e Laws Violation of Prohibition Laws Violation of the Sabbath

131 72
4,453 42,691
62

100.0 100.0 100.0 100.0 100.0

17 29 3,130 33,784 41

13.0 40.3 70.3 79.1 66.1

Violation of Timber Law Wite Beating

24 1,442

100.0 100.0

6

25.0

800

55.5

TOTAL

141,056 100.0

103.046

73.0

* Souroe. Minute dookets of 29 oity oourts

-3g..

OTHER DISPOSITIONS

Number Peroent

1.006

35.2

690

25.5

93

57.4

3.369

43.6

5

23.8

84 272 76
7
1.772

59.6 29.2 17.0 35.0 25.6

476
2,110 106 16 197

18.5 47.6 43.3 32.6 36.3

48 133
22 1.087
18

8.7 54.5 59.5 23.4
23.7

18 4,973
433
10 172

36.0 21.8 37.5
66.7
50.3

305 3
2.424 44
138

35.3 15.8 71.2
39.6 47.1

19 1.105
40
13 21

63.3 15.5 35.1 27.7 38.2

1.620 55
175
238 137

21.8 24.0 38.7 25.4 50.0

38

54.3

134

53.6

66

51.6

19

32.8

683

27.5

191 124
4 148
1.434

45.9 26.1 20.0 92.5 26.2

10

43.5

9

33.3

18

69.2

510

36.2

24

40.0

114 43 1,323 8,907
21

87.0 59.7 29.7 20.9 33.9

18

75.0

642

44.5

38.010

27.0

thoae crimeswh~ch are coercive in their nature come to trial in relative~~few cases. ("Coercive" charges are those in which the main object of the prosecutor is to force performance of some act with which the situation involved is related.) Barbering without license, cheating and swindling, removal and sale of mortgaged property, trespass, et cetera, are within this category. Abandonment and bastardy also belong

such that there is no way by which a definite date for trial may be set, the jUdge may remove a case from the active to the dead docket where it remains until a motion of the jUdge makes it active again. Of the 38,010 cases which were docketed but not tried in the period under study, 18,919, or approximately 50 percent of them, were pending or had been placed upon the dead docket (see Table XII). Such cases, even

to this list, and are below the average but are nearer to it than those listed above. It may be said also that the more serious misdemeanors are

though not technically complete, in a vast majority of instances, will never be revived and for the purpose of this report, can be consid-

generally tried more often than those less ered as ended. Since only a small proportion of

serious. Trial as a definite disposition is not

cases reaching trial do so after having remained on the docket longer than one year, it ap-

reached by all cases within the same time limits. In theory, the court for handling mis-

pears logical to conclUde that only a relatively small number of the pending and dead docket

demeanor cases is in almost constant session and cases brought prior to the year 1935 will ever

a case can be tried as soon as the proper papers be tried. Of the 9,461 pending cases, 7,963 had

are drawn and the defendant has had a reasonable been on the active docket more than one year.

time for the preparation of his case. Sometimes When the total cases on the dead docket are

also the State needs time in which to perfect added to these, a total of 17,421 is reached"

its evidence and continuances must be had. It is Which, in the light of the above deductiolls,

not expected, however, that interminable delays will likely never be tried. In other words, for

will be found in the city court. Table XI shows 12.3 percent of the total cases brou~ht in the

that if a case is to be tried, it will be city court, it is probable that pending or dead

brought before the city court in 98 percent of docketing is a final disposition. While the

the time within one year after it is docketed. court can order these cases to trial at any

In fact, more than 47 percent of the cases are tried within thirty days after being brought.

time, actually it is not done, and the defendant has a virtual acqUittal.

Contrasting with the speed with which these cases are handled is the fate of cases docketed but not tried.

A case in which the court grants a no1 pros is likewise a virtual acqUittal since the charge can be revived only by the bringing of a new

There are many gOOd and valid reasons why some cases are not brought to trial at the first term of court after they are docketed. Equally sound are the practices in some courts of periodically clearing the docket of a!l cases in which trial is the unlikely disposition. Once a case is brought, it is pending until it is tried, dismissed, nol prossed, or the defendant rele~sed upon his demand for trial. In Georgia, if the delays attendant upon court action are

case. This action must be accomplished before
the statute of limitations has barred it, and in
Georgia this is two years after formal knowledge
of tha charge is taken b.Y the court.* The court
reoords indicate that revivals of action after a
nol pros are extremely rare, and it is likely
* AUTHOR'S NOTE: The statute of limitations in misdemea-
nor cases is two years after the offense end the offender became known. If the indictment is nol prossed for a formality. a new indictment may be found within six momhs thereafter J but this contingency arises so seldom that no effort is here made to offset any slight effect it might have on the figure shown.

- 39 -

TABLIl: XI*

Pl13IOD BETWEEN DOOKETING AND TRIAL OF CASES By Crimes
2, City Courts of Georg1a January 1, 1926 - DeceJllber 31,1935

---

- - - - - - - _.._ - - - - - - _ . _ - _......_._- -

--

CRIlaIES

Less

1

2

Than

to

to

Total

1

2

3

--------------- --------

MONTHS

3

6

9

12

to

to

to

to

6

9

12

18

-------._'--------'----

~-
to Over ** 24 24 N.A.
--_.-----

Abandonment Adultery and Fo~nication
Assault Assault and Battery Attempted Beastiality or Sodomy

1,848 1,331 163 148 137

31

9

12

36

8

2,020 69

478 695 154 601

31

7

10

14

41 4

-21

12

2

- 6 9
1

3.

4,360 16

2,177 530

4

3

- 601 788 143

5

2

-52

- - 19 14 14 22

1

1

Barbering without License
Bastardy B~eaking. Entering and stealing Bribery, misdemeanor grade
Carrying Deadly Weapons

57 659 372 13

16 421 264
6

4 49 46 2

13 59
21
1

23
93 36 3

-
23 4 1

-
-9-

-2-

-
-2-

1-. -

1
1-

5,158 2,781 531 743 888 106

36

16 12 11 34

Carrying on Lottery Cheating and Swindling Cruelty to Children and Animals Defacing Public Property Disturbing Divine Worship
Escaping Failure to Pay Occupational Tax Firing Woods Ge.mbling Hit and Run Driring

2,100

664 735 330 329

25

7

6

11

2

2,319 1,312 198 252 407

77

29

15

9 7 13

139 33 346

73

14

15

31

18

9

2

4

-4

175

21

54

71

13

1-
7

1.
3

-1

1

501 111 15

386

38

27

24

11

25

40

11

1

9

23

1

2

-6

- - 3-

1

82

-3 -2 3

1

},555 1,448 529 649 725

89

52

19 11 7 26

58

18

10

14

12

4

Illegal Arrest.s Larceny. simple Larceny Aftar Trust Libel Maintaining Lewd House
JIalicious Wisch'ef Mayhem. misdemeanor grade ilisdemeanor, blanket charge Misdemeanor, miscellaneous Obscene Language

32 17,833
722 5
170

20 11,360
484 3 75

2 1,583
58 1 28

5 1,878
58-
28

3 2,146
96 1 31

2

252 109

- 12-

4

6

2

559 16

330

59

12

1

70 3

79-

9-

4-

981 67

532

53

59 256

21

37

3

9 14

2

-3

155

46

25

22

46

6

3

68 21 223 193

3

14

2

4-
--3

--
1--

-2-
2 6

2-
-53
1

Obstructing Legal Process

11

5

1

3

1

1

Operating Auto while Drunk Operating Slot Machine nUl Slugs Peeping Tom

6,033 74 34

2,311 1,053 1,094 1,235

30

8

21

15

21

2

4

6

206--

76--

23--

-8 10 17
- -1

Pr~cticing Profession without License

34

17

5

3

8

1

Public Drunkenness Public Indecency Recaiving Stolen Goods Receiving Unstamped Tobaccos
Removal or Mortgaged Property
Resisting an Officer Rioting Selling Mort:g?,ged Property Shooting at Occupied Dwelling stabbing

5,807 2,212 838 1,291 1,156 154

174

105

22

19

25

1

277

144

40

27

46

15

699

302 137

99 129

14

137

73

11

14

20

11

-55
3 11 4

33.
1--

11
-2
3 1

-8
1-
2

49 4 1

32 116 62 39

14

5

35

14

31

6

18

3

8

4

9

41

8

9

8

6

-
9
4 2

--
2-

- --

-8 11

1

1

1

1,802 1,215 171 167 197

25

13

8

12

3

Trespass Using Auto witil out Owner's Consent
Using Horse withoat Owner '" Consent Oeary VagranO'I

225 351

127

26

19

42

202

45

46

48

6 6

1-

1 1

-1 1 1

1 2

16

12

2

1

1

12

4

3

3

2

4,043 2,891 185 164 737

32

5

6

2 5 16

Violation of Co_on School Law Violation of County Health Rules Violation of Election Laws Violation of Geme Laws Violation of Highway Regulations
Vi'olation of Labor Laws Violation of Motor Carrier Laws Violation of JIotor Vehicle Laws Violation of Prohibition Laws Violation of the Sabbath
Violation of Timber La.. Wife Beating

13 18

11
8

1 6

1-

4

8

4

1

1

2

897
36

431 103

13

6

85 200

5

11

29-

8 1

9

1 6 25

17 29

- - -- - 7
20

2 3

3 1

4 3

-

1

--

-1
1

3,130

951 465 541 1,003

98

47

10

28

5

- - 33,784 12,617 5,054 6,450 7,241 1,352 554

41

15

13

7

5

213 122 86 1

95

6 800

4 --2

490

96

84

76

14

4

- 2 1

33

- - - - - - - - - _..- - - _ .. _----_._._- ... ~---_ ~--------------_

. . .. _ - - - - - ~ - , - - - - - - . _ - - - - - - ' - -

---,----------

TOTAL

103,046 48,878 13,765 '15,426 19,164 2,872 1,136 506 250 432

617

* Source: Jlinute dockets of 29 city courts ** Time of Trial not ascertainable

-40-

TABLE XII.

CASES NOT TRIED By Crimes
29 City Courts of Georgia January 1. 1926 - December 31. 1935

CRIME AbandoIllllent Adul'tery and Fornication Assault Assault and Battery Attempted Beastiality or Sod~

Total
1,006 690 93
3,369 5

Transferred to other Courts
6 8 3 12

DisMissed
10 5 4
24

Nol Prossed
343 335
57 1.980
2

Barbering without License

84

Bastardy

272

Breaking. EIrtering and Stealing

76

3

Bribery. misdemeanor grade

7

Carrying Deadly Weapons

1.772

4

34

1

112

3

23

2

9

899

Carrying on Lottery

476

1

Cheating and Swindling

2.110

4

Cruelty to Children and Animals

106

Defacing Public Property

16

Disturbing Divine Worship

197

1

15

41

1,283

71

11

1

138

Escaping

48

2

Failure to Pay Occupational Tax

133

Firing Woods

22

Gambling

1.087

5

Hit and Run Driving

18

3

14

5

94

19

1

532

8

Illegal Arrests
Larcezw, simple Larceny After Trust Libel Maintaining Lewd House

18

4.973

56

433

6

10

172

1

8

70

2.703

4

235

7

51

1~licious Mischief N~yhem. misdemeanor grade 1'J.sdemeanor, blanket charge Eisdemeanor. miscellaneous Using Obscene Language

305

3

2.424

39

44

2

138

2

2

171

1

96

1.185

1

25

60

Obstructing Legel Process

19

Operating Auto while Drunk

1,105

3

Operating Slot Machine with Slugs

40

Peepine; Tom

13

Practicing Profession athout License

21

1

9

441

1

6

8

7

Public Drunkenness Public Indecency Receiving Stolen Goods Receiving Unstronped Tobaccos Removal of Mortgaged Property

1,620

3

55

175

238

137

7

925

1

17

83

12

128

3

90

Resisting an Officer Rioting Selling 1~rtgaged Property Shooting at Occupied Dvrel1ing S-\;abbing

38

134

66

19

683

6

24

88

1

47

11

4

424

Trespass

191

Using Auto without Ovmer's Consent

124

2

Using Horse without Owner's Consent

4

Usury

148

Vagrancy

1,434

7

2

133

64

4

84

2

336

Violation of Cor.nnon School Law

10

Violation of County Health Rules

9

Violation of Election Lgws

18

Violation of Game Laws

510

Violation of Higm7aY Regulations

24

4

5

1

14

330

12

Violation of Labor Laws

114

Violation of Motor Carrier Laws

43

Violation of N~tor Vehicle Laws

1.323

5

Violation of Prohibition Laws

8.907

30

Violation of the Sabbath

21

1

10

27

11

706

34

3.638

11

Violation of Timbor Law Wife Beating TOTAL

18

642

1

38.010

212

.Source: Minute dockets of 29 city courts.

11

303

374

~05

Released On Demand for Trial
1 5 2 5
6 4 1 1
1 4
8 1
9 1 1 4
9
1 1 1 3
7
1 22
1 100

Dead Docket
432 197
6 843
2
20 102
24 2
490
289 451
18
20
8 23
165 6
7 1.003
105 1 84
83 2 61
10 45
2 249
5 4 5
222 28 54 80 17
9 13 15
2 170
34 32
58 963
6 4 1 80 8
1 11 270 2.260
7
3 286 9.458

Pending 214 140 21 505 1
30 57 23
3 364
167 330 16
5 37
21 10
3 380
4
3 1,073
82 2
36
49
1,034 5 30
7 408
28 1 9
454 9
38 18 27
5 32
2 6 78
19 26
6 126
16 79 4
102 5
330 2.923
3
4 51 9.461

4i -

TABLE XIII'"

CONVICT! ONS AND ACQUITTALS

By CrimeB

29 City Courts of Georgia

~-=-

January 1, 1926 - December 31, 1935

CRD4ES Abandonment Adultery and Fornication Assault Assault and Battery
Attempted BeaBtiality or Sodo~

TOTAL

~umber Percent

1,848

100.0

2,020 100.0

69

100.0

4,360 100.0

16

100.0

CONVICTED

Nmnber Percent

1,703

92.2

1,924

95.2

39

56.5

2,919

66.9

11

68.7

ACQUITTED

Nmnber Percent

145

7.8

96

4.8

30 43.5

1,441 33.1

5

31.3

Barbering without License Bastardy Breaking, Entering and. Stealing Bribery, misdemeanor grade Carrying Deadly Weapons

57 659 372
13 5,158

100.0 100.0 100.0 100.0 100.0

52 586 329
11 4,677

91.2 88.9 88.4 84.6 90.7

5

8.8

73

11.1

43

11.6

2

15.4

481

9.3

Carrying on Lottery Cheating and Swindling Cruelty to Children and Animals Defacing Public Property Disturbing Divine Worship

2,100 2,319
139 33 346

100.0 100.0 100.0 100.0 100.0

1,959 1,981
73
29 281

93.3 85.4 52.5 87.9 81.2

141

6.7

338

14.6

66

47.5

4

12.1

65

18.8

Escaping Failure to Pay Ocoupational Tax Firing Woods Gambling Hit and Run Driving

501 111 15 3,555
58

100.0 100.0 100.0 100.0 100.0

485 98 9
3,316 52

96.8 88.3 60.0 93.3 89.7

16

3.2

13

11.7

6 40.0

239

6.7

6

10.3

Illegal Arrests Larceny, simple Laroeny After Trust
Libel Maintaining Lewd House

32 17,833
722
5 170

100.0 100.0 100.0 100.0 100.0

18 15,749
587
4 135

56.2 88.3 81.3 80.0 79.4

14 2,084
135
1 35

43.8 11.7 18.7 20.0 20.6

Malioious Mischief Me;yhem, misdemeanor grade Misdemeanor, blanket charge Misdemeanor, miscellaneous Obscene Language

559

100.0

16

100.0

981

100.0

67

100.0

155

100.0

446

79.8

13

81.3

761

77.6

53

79.1

112

72.3

113

20.2

3

18.7

220

22.4

14

20.9

43

27.7

Obstructing Legal Process Operating Auto while Drunk Operating Slot 14achine with Slugs Peeping Tom Practicing Profession Without License

11 6,033
74
34
34

100.0 100.0 100.0 100.0 100.0

7 5,693
62 28 28

63.6 94.4 83.8 82.4 82.4

4

36.4

340

5.6

12

16.2

6

17.6

6 17.6

Public D~xakenness Public Indecency Receiving Stolen Goods Receiving Unstamped Tobaccos Removal of Mortgaged Property

5,807 174 277 699 137

100.0 100.0 100.0 100.0 100.0

5,526 160 209 639 92

95.2 91.9 75.5 91.4 67.2

281

4.8

14

8.1

68

24.5

60

8.6

45

32.8

Resisting an Officer Rioting Selling Mortgaged Property Shooting at Occupied Dwelling Stabbing

32 116
62 39 1,802

100.0 100.0 100.0 100.0 100.0

24 80
38 25 1,450

75.0 69.0 61.3 84.1 80.5

8

25.0

36

31.0

24

38.7

14

35.9

352

19.5

Trespass Using Auto without Owner's Consent Using Horse without Owner's Consent Usury Vagrancy

225 351
16 12 4,043

100.0 100.0 100.0
100.0 100.0

165 291 15 10 3,850

73.3 82.9 93.8
83.3 95.2

60

26.7

60

17.1

1

6.2

2 16.7

193

4.8

Violation of Common School Law Violation of County Health Rules Violation of Election Laws Violation of Game Laws Violation of Highway Regulations

13 100.0

18

100.0

8 100.0

897

100.0

36

100.0

9

69.2

14

77.8

7

87.5

684

76.3

29

80.6

4

30.8

4

22.2

1

12.5

213

23.7

7 19.4

Violation of Labor Laws Violation of Motor Carrier Laws Violation of Motor Vehicle Laws Violation of Prohibition Laws Violation of the Sabbath

17 29
3,130 33,784
41

100.0 100.0 100.0 100.0 100.0

9 23 2,831 30,795 38

52.9 79.3 90.4 91.2 92.7

8 6 299 2,989
3

47.1 20.7
9.6 8.8 7.3

Violation of Timber Law

6

Wife Beating

800

TOTAL

._----

103,046

... Source: Minute dockets of 29 city courts.

100.0 100.0
100.0

4

66.7

694

86.7

2 33.3

106

13.3

.._ - - _ . _ - - - - - - - - - - ~ - - - - - - - - - - - - - ~ _ . _ - - _

91,941

89.2

11,105 10.8-

-4-2-

tha~ for pra9ti~ally all of the 18,405 nol pros- rest was made. For instance, a man charged with

sed oases, no further actl~~was ever taken.

carrying a ooncealed weapon is often charged

Similar in effect to a nol pros is a dis- with carrying a pistol without license. A con-

missal of a case, in that upon motion of the viction on the former charge is desired, and if

prosecutor and upon payment of the cost, the secured, the other charge may be nol prossed or

court orders the charges dropped. Revival can left pending. Also~ it is current practice in

be effected in the same way as in a nol pros. some courts for accusations to be brought before

The proportion of cases so handled is relatively a defendant has been arrested and many such

small and important only in showing why certain cases remain pending until they are no longer

types of cases were not brought to trial. Almost triable. Clearing the docket of non-triable

one third of the dismissed cases were for simple cases is not a regular procedure in all courts.

larceny and cheating and sWindling, crimes in No doubt such practices as those mentioned above

which a restitution of property can often be account in a large measure for the fact that

forced. Other crimes of a coercive nature make only 73.0 percent of the criminal cases brought

up a large portion of the remainder.

in the city court are tried.

When dismissed and nol prossed cases are

Of the 103,046 cases brought to trial, con-

added to those on the dead docket and to the victions resulted in 91,941, or 89.2 percent.

ones which have been pending more than one year, In other words, if the prosecuting officer felt

a total of 36,200 is reached. In other words, a that the evidence in the case was sufficient for

virtual acquittal is given 27.1 percent of the the oase to proceed to trial, the chances of be-

total city court cases. No doubt it is unwar- ing able to secure a conviction were approxi-

ranted to say that suoh cases should not have mately nine to one. This figure is an average,

been brought, and probably ample grounds existed and, as shown by Table XIII, individual crines

for the docketing of a large proportion of them. differ greatly from it. For many of them, how-

Nevertheless, the court records were cumbered ever, the ratio of convictions to acquittals

with untriable cases, the officials burdened follows a similar pattern to the ratio of oases

with non-productive labor, and the defendants tried to other dispositions. To illustrate: The

suffered in not having their names cleared by percentage of cases to trial for carrying on a

being granted actual acquittals. This is like- lottery (see Table X) is 81.5 (a percentage a-

wise true in respect to the 100 cases where the bove the average), and convictions for this of-

defendants were released upon demand for trial. fense resulted in 93.3 percent of cases brought

For these, however, the acquittal is complete, to trial. Conversely, assault and battery, with

since after being released in this manner, the a lower than average percentage of cases to

charge cannot, under any cLroumstances, be re- trial, shows a lower ratio of convictions.

vi ved against the defendant.(I)

When a defendant is called before the bar to

The effectiveness of the court as an insti- answer the formal oharge of the court, his guilt

tution is judged not by th~ number of cases can be determined either by his own declaration

brought, but b,y the later disposition of suoh or by proof in the form of evidence submitted by

cases. Many solicitors find it good practice to the state. In the former case, he convicts him-

charge the defendant in separate cases with the self by entering a plea of guilty and such ac-

full category of offenses likely committed at tion is in effect a consent jUdgment with the

the same time as the "ffense upon which the ar- defendant waiving his rights to the formal pro-

(I) Sec. 27-1901 Ga. Code 1933.

cedures of trial. As shown by Table XIV, 68.5

- 43 -

TABLE XIV*

PLEAS OF GUILTY AND NOT GUILTY

By Cr:lllles

29 City Courts of Georgia

-- c

_ J8J3Uary 1. 1926 - Deoember 31. 1935

CRI1~S
Abandomnent Adultery and Fornication Assaul"b Assaul"b and Battery Attempted Beastiality or Sodcmw

TOTAL

Number Percent

1,848

100.0

2,020

100.0

69

100.0

4,360

100.0

16

100.0

GUILTY

Number Percent

1.345

12.8

1,738

86.0

19

27.5

1,333

30.6

5

31.3

Barbering without License Bas"bardy Breaking. Entering and Stealing Bribel"'h misdemeanor i;rade
Carrying Deadl;}r Weapons

57 659 372 13 5,158

100.0 100.0 100.0 100.0 100.0

27 462 162
4 3.594

47.4 70.1 43.5 30.8 69.7

Carrying on Lottery Cheating and Swindling Cruelty to Children and An:illlals Defacing Public Property Disturbing Divine Worship

2,100 2,319
139 33
346

100.0 100.0 100.0 100.0 100.0

1,550 1,500
33 25 214

73.8 64.7 23.7 75.8 '61.9

Escaping Failure to Pay Occupational Tax Firing Woods Gambling Hit tUld Run Driving

501
III 15
3,555 58

100.0 100.0 100.0 100.0 100.0

422 85
2 2,915
35

84.2 76.6 13.3 82.0 60.3

Illegal Arrests Larceny. simple Larceny nf1;er Trus1 ; Libo1 l,;aintaining Lewd House

32 17.833
722 5
170

100.0 100.0 100.0 100.0 100.0

11 10.492
350
1 75

34.4 58.8 48.5 20.0 44.1

Malicious Eischiof rayhem. misdemeanor grade ~isdemeanor. blanket charge l.'isdemeanor. miscellaneous Obscene Language

559

100.0

16

100.0

981

100.0

67

100.0

155

100.0

291
3 653
39 67

52.1 18.7 66.6 58.2 43.2

Obstructing Legal Process Operating Auto while Drunk Operating Slot Eachine wi th Slugs Peeping Tom Practicing Profession without License

11 6,033
74
34 34

100.0 100.0 100.0 100.0 100.0

4
4.577 51 13 15

36.4 75.9 68.9 38.2 44.1

Public Drunkenness Public Indecency Receiving Stolen Goods Receiving Unstanped Tobaccos Removal of l.'ortgaged Property

5,807 174 277
699 137

100.0 100.0 100.0 100.0 100.0

5.099 101 111 554 61

87.8 58.0 40.1 79.3 44.5

Resisting an Officer Rioting Selling Fortgaged Property Shooting at Occupied Dwelling Stabbing

32 116
62 39 1,802

100.0 100.0 100.0 100.0 100.0

12

37.5

li5

47.4

24

38.7

17

43.6

619

34.3

Trespass Using Auto without Owner's Consent Using Horse without Owner's Consent Usury Vagrancy

225 351
16 12 4,043

1000 0 100.0 100.0 100.0 100.0

111 212 15
6
3,3.23

49.3 60.4 93.7 50.0 82.2

Violation of Common School Law Violation of County Health Rules Violation of Election LllWS
Violation of Game Laws Violation of Highway Regulations

13

100.0

18

100.0

8

100.0

897

100.0

36

100.0

6

46.2

11

61.1

4

50.0

602

67.1

23

63.9

Violation of Labor Laws Violation of Motor Carrier Laws Violation of &otor Vehicle Laws Violation of Prohibition Laws
Violation of the Sabbath

17 29 3,130 33,784 41

100.0 100.0 100.0 100.0 100.0

4
10 2,391 24,656
24

23.5 34.5 76.4 73.0 58.5

Violation of TiInber Laws Wife Beating
TOTAL

6 800
103.046

100.0 100.0
100.0

2 380
701. 5 4 5

33.3 47.5
68.5

*Source: llinute dockets of 29 city courts.

-H-

NOT GUILTY

Number Percent

503

27.2

282

14.0

50

12.5

3,027

69.4

11

68.7

30 197 210
9
1,564

52.6 29.9 56.5 69.2 30.3

550

26.2

819

35.3

106

76.3

8

24.2

132

38.1

79

15.8

26

23.4

13

86.7

640

18.0

23

39.7

21
7.341
372 4
95

65.6 41.2 51.5 80.0 55.9

268

47.9

13

81.3

328

33.4

28

41.8

88

56.8

7 1,456
23 21 19

63.6
~4.1
31.1 61.8 55.9

708

12.2

n

42.0

166

59.9

145

20.7

76

55.5

20 61 38 22 1,183
114 139
1 6 720

62.5 52.6 61.3 56.4 65.7
50.7 39.6
6.3 50.0 17.8

7

53.8

7

38.9

4

50.0

295

32.9

13

36.1

13 19 739
9,128 17

'16.5 65.5 23.6 27.0 41.5

4 420
32~501

66.7 52.5
31.5

TABLE XV.

CONVICTIONS AND ACQUITTALS ON pLEAs OF NOT GUILTY By Crimes
29 City Courts of' Georgia January I, 1926 - December 31, 1935

CRIJ.:ES
Abandonment Adultery and Fornication Assault Assault and Battery Attempted Beastiality or Sodomw

Total Number Percent

503 282
50 3,027
11

100.0 100.0 100.0 100.0 100.0

CoIIVio1:ions Number Percent

358 186
20
1,586 6

71.2 66.0 40.0 52.4 54.5

Barbering without License Bastardy Breaking. Entering and Stealing Bribery, misdemeanor grade Carrying Deadly Weapons

30 197 210
9 1,564

100.0 100.0 100.0 100.0 100.0

25 124 167
7 1,083

83.3 62.9 79.3
77.8 69.2

Carrying on Lottery Cheating and Swindling Crue11;y to Children and Animals Defacing Public Proper1:y Dis1:urbing Divine Worship

550 100.0 819 100.0 106 100.0
8 100.0 132 100.0

409

74.4

481 58.7

40 37.7

4

50.0

67 50.8

Escaping Failure to Pay Occupational Tax Firing Woods Gsmbling Hit and Run Driving
Illegal Arrests Larceny. siJnple LarcellY Ai'1:er Trurl Libel !!aiIItaining Lewd House

79 26 13 640 23
21 7,341
372 4 95

100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0

63 13
7 401
17.,
5,257 237 3
60

79.7 50.0 53.8 62.7 73.9
33.3 71.6 63.7 75.0 63.2

~alicious Mischief Mayhem, misdemeanor grade Misdemeanor, b1anke1; charge Hi sdemeanor, miscellaneous Obscene Language

268 100.0 13 100.0 328 100.0 28 100.0 88 100.0

155 57.8

10

76.9

108

32.9

14 50.0

45

51.1

Obstructing Legal Process Operating Auto vlhi.le Drunk
Operating Slot Machine with Slugs Peeping Tom Practicing Profession without License

7
1,45~
23 21 19

100.0 100.0 100.0 100.0 100.0

3 1,116
11 15 13

42.9 76.6 47.8 71.4 68.4

Public Drunkemless Public Indecency Receiving Stolen Goods Receiving Unstamped Tobaccos Removal of' Mor1:gaged Proper1:y

708 100.0 73 100.0 166 100.0 145 100.0 76 100.0

427 60.3 59 80.8 98 59.0 85 58.6 31 40.8

Resisting an Officer Rioting Selling Mor1:gaged Proper1;y Shooting at Occupied Dwelling Stabbing

20
61 38 22 1,183

100.0 100.0 100.0 100.0 100.0

12

60.0

25 41.0

14 36.8

8 36.4

831

70.2

Trespass
Using Auto without Owner's Consent Using Horse without Owner's Consent Usury Vagrancy

114 100.0 139 100.0
1 100.0 6 100.0 720 100.0

54 47.4 79 56.8
4 66.7 527 73.2

Violation of Common School Law Violation of County Health Rules Violation of Election Laws Violation of Game Laws Violation of Highway Regulations

7 100.0 7 100.0 4 100.0 295 100.0 13 100.0

3 42.9

3 42.9

3

75.0

82

27.8

6 46.2

Violation of Labor Laws Violation of Motor Carrier Laws Violation of Motor Vehicle Laws Violation of Prohibition Laws Violation of the Sabbath
Violation of TiJnber Laws Wife Beating

13 19 739 9,128 17
4 420

100.0 100.0 100.0 100.0 100.0
100.0 100.0

5 13 440 6,139 14
2 314

38.5 68.4 59.5 67.3 82.4
50.0 74.8

TOTAL

32.501 100.0

21,396 65.8

*Source: Minute dockets of 29 city oour1:s

- 45 -

Acqui1;tals Number Percent

145 96 30
1,441 5
5 73 43 2 481

28.8 34.0 600 0 47.6 45.5
16.7 37.1 20.5 22.2 30.8

141

25.6

338

41.3

66 62.3

4 50.0

65 49.2

16 20.3 13 50.0
6 46.2 239 37.3
6 26.1

14 2,084
135 1 35

66.7 28.4 36.3 25.0 36.8

113 42.2 3 23.1
220 67.1
14 50.0 43 48.9

4 57.1

340 23.4

12

52.2

6 28.6

6 31.6

281 39.7 14 19.2 68 41.0 60 41.4 45 59.2

8 40.0

36

59.0

24

63.2

14 63.S

352 29.8

60 52.6 60 43.2 1 100.0 2 33.3 193 26.8

4 57.1

4

57.1

1

25.0

213

72.2

7 53.8

8 6 299 2,989 3
2 106

61.5 31.6 40.5 32.7 17.6
50.0 25.2

11.105 34.2

TABIE XVI*

CRIMES Abandonment: Adultery and Fornication AssBUlt AssBUlt and Battery Attempted Beastiality or Sodom;y

TRIAL PROCEDURE IN CASES WHERE PLEAS OF NOT GUILTY

WERE ENTERED

29 City Courts of Georgia

January I, 1926 - Deoember 31, 1935

Totiil Pleas of

Cases Tr~ed Before the Court

Not Guilty Entered

Without a Jury

With a Jury

Number

Peroent

Number Peroent

Number PeroeIrt

503

100.0

301

59.9

202

40.1

282

100.0

192

68.1

90

31.9

50

100.0

27

54.0

23

46.0

3,027

100.0

1,920

63.4

1,107

36.6

11

100.0

4

36.4

7

63.6

Barbering without License Butardy Breaking. Entering and Stealing Bribery, misdemeanor grade Carrying Deadly Weapons

30 197
210 9
1,564

100.0 100.0 100.0 100.0 100.0

25 73 173
5 1,132

83.3 37.0 82.4 55.5 72.4

5

16.7

124

63.0

37

17.6

4

44.5

432

27.6

Carrying on Lottery Cheating and Swindling Cruelty to Children end Animals Defacing Public Property Disturbing Divine Worship

550

100.0

819

100.0

106

100.0

8

100.0

132

100.0

481

87.5

444

54.2

35

33.0

1

12.5

35

26.5

69

12.5

375

45.8

71

67.0

7

87.5

97

73.5

Escaping Failure to Pay Occupational Tax Firing Woods Gambling Hit am Run Driving

79

100.0

26

100.0

13

100.0

640

100.0

23

100.0

64

81.0

15

57.7

3

23.0

432

67.5

19

82.6

15

19.0

11

42.3

10

77.0

208

32.5

4

17.4

Illegal Arrests Larceny, simple Larceny After Trust Libel Maint:aining Lewd House

21
7,341 372
4 95

100.0 100.0 100.0 100.0 100.0

15 5,462
263 1
56

71.4 74.4 70.7 25.0
58.9

6 1,879
109 3 39

28.6 25.6 29.3 75.0 41.1

Malicious Mischief Mayhem, misdemeanor grade Misdemeanor, blanket charge Misdemeanor, miscellaneous Obscene Language

268

100.0

13

100.0

328

100.0

28

100.0

88

100.0

189

70.5

10

77.0

74

22.6

16

57.1

41

46.6

79

29.5

3

23.0

254

77.4

12

42.9

47

53.4

Obstructing Legal Process Operating Auto while Dr\ulk Operating Slot Machine with Slugs Peeping Tom Praoticing Profession without License

7 1,456
23 21 19

100.0 100.0 100.0 100.0 100.0

3
1,082 8
11 7

42.9 74.3 34.8 52.4 36.3

4

57.1

374

25.7

15

65.2

10

47.6

12

63.2

Public Drunkenness Publio Indeoenoy Receiving Stolen Goods Reoeiving Unstemped Tobaocos Removal of Mortgaged Property

708

100.0

73

100.0

166

100.0

145

100.0

76

100.0

413

58.3

53

72.6

110

66.2

101

69.3

28

36.6

295

41.7

20

27.4

56

33.8

44

30.7

48

63.2

Resisting an Orficer Rioting Selling Mortgaged Property Shooting at Oocupied Dwelling Stabbing

20 61 ::<8 22 1,183

100.0 100.0 100.0 100.0 100.0

16

60.0

7

11.5

11

29.0

11

50.0

916

77.4

4

20.0

54

88.5

27

71.0

11

50.0

267

22.6

Trespass Using Auto without Owner's Consent Using Horse without Owner's Consent Usury Vagranoy

114

100.0

139

100.0

1

100.0

6

100.0

720

100.0

62

54.4

-105

- 75.5

1

16.7

638

88.6

52

45.6

34

24.5

1

100.0

5

83.3

62

11.4

Violation of Common School Law Violation of Count:y Health Rules Violation of Election Laws Violation of Game Laws Violation of Hig~ Regulations
Violation of Labor Laws Violation of Motor Carrier Laws Violation of Motor Vehicle LBWS Violation of Prohibition Lsws Violation of the Sabbath Violation of Timber Laws Wife Beating
TOTAL

7 7 4 295 13
13 19 7-39 9,128 17.
4 420
32,501

100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0 100.0 100.0
100.0

4 1 2 65 7
1 13 462 6,547
7 2 338
22,540

57.1 14.3 50.0 22.0 53.8
7.7 68.4 62.5 71.7 41.2 50.0 80.5
69.4

3 6 2 230 6
12 6
277 2,581
10 2 82
9,961

42.9 85.7 50.0 78.0 46.2
92.3 31.6 37.5 28.3 58.8 50.0 19.5
30.6

,*SQurce: Miwte dockets of 29 city courts.

- 4~ -

percent of the cases tried received such judg- of the individual, avoidance of persecution.

ments. Since an acqUittal under this plea is Table XV, where convictions on plea of not

impossible, a comparison of the total convio- guilty are shown, merits consideration from the

tions with those convicted in this manner is en-
lightening. For the city court, 76.7 percent of

standpoint of court efficiency. A major purpose in the establishment of a

the convictions were obtained by voluntary court of misdemeanor jurisdiction is to secure a

action on the part of the defendant.

more rapid disposal of cases than is practicable

It is not expected, however, that a person under the cumbersome procedure necessary in a

would willingly give up his liberty and place court of general jurisdiction. As a step in this

himself under the constraints of sentence with- direction, usually inferior courts provide jury

out some hope of benefitting by this action. trials only on the request of the defendant. The

Exactly the form of such boons would depend Judge, therefore, haVing saved the time spent

largely upon the status of the individual. Cases striking a Jury, and using a modified procedure,

are on record of derelicts who, in search of a is able to dispose of more cases than could be

warm comfortable place to spend the winter sea- handled in like t~me by the superior court. Many

son, purposely were caught in the commission of defendants, however, do not wish to dispense

crime. On the other hand, for business reasons, with their right to a trial by a Jury. In fact,

some people would like charges against them com- 30.6 percent of those entering a plea of not

pleted as soon as possible and make every effort guilty were given Jury trials (see Table XVI).

to secure a fine that can be paid and the case

The question then naturally arises as to

forgotten. Often cases like the above are han- whether or not there is any advantage to the de-

dled by a jUdge in chambers Without the formal- fendant in a Jury trial, and, if so, of what na-

ity of a public hearing. The real grist of these ture. From the figures in ~able XVII, it ap-

courts, therefore, is the 32,501 cases in which pears that convictions result in only ~.7 per-

pleas of not guilty were entered, and its real cent of the cases in which the Jury pronounces

efficiency is determined by the disposition the verdict and this figure is smaller by 30.5

made thereof.

percent than where the trial is had without a

Pleas of guilty may be induced by a prepon- Jury. (See Table XVIII for convictions and ac-

derance of evidence gathered by the law en- qUittals on non-Jury trials.) In other words,

forcement department with regard to which the the defendant has a much better chance of ac-

judicial officials may give little or no assist- quittal if he demands a Jury. This low percent-

ance. On pleas of not guilty, however, much age of convictions does not apply to all crimes

depends on the solicitor's jUdgment of the case alike, and no doubt skilled defense attorneys

before it goes to trial and his conduct of the have long known those offenses in which a Jury

case during trial. It is his duty to attempt to trial weighs the scales of Justice to the advan-

secure a conviction when it appears that a crime tage of their clients.

has been committed and there is convincing evi-

When the figures in Tables XVII and XVIII

dence against the person charged; but it is are comparen by crimes, it is readily seen that

likewise his duty to prevent those cases in which he feels that there is insufficient evi-

many Jury trials react advantageously for th~ defendant. This is apparently true of those

dence to convict from coming before the court. offenses of an assault nature, with the excep-

This action is, from the standpoint of the tion of shooting at an occupied dwelling and

State, a saving of time and money, and from that simple assault. When only those cases tried be-

- 47 -

TABU: XVII*

CONVICTIONS AND ACQUITTALS ON JURy TRIALS
(Cases Vfuere Defendants Plead Not Guilty)
By Crimes
~Jnnuary I, 1926 - December 31, 1935

CRIMES Abandonmeu:t Adultery and FornicatioI' Assault Assault and Battery Attempted Beastiality or Sodomy

M-- IJllU.l..DR-eyr TR!...."IA'eLrSc= 202 100.0 90 l00.Q 23 100.0
1,107 1l0.0 7 100.0

CONVICTIONS

MIlllDer !"'ercem;

98

48.5

44

48.9

10

43.5

378

34.0

3

42.9

Barbering without License Bastardy Breaking, Entering and Stealing Bribery, misdemeanor grade Carrying Deadly Weapons

5 100.0 124 100.0
37 100.0 4 100.0 432 100.0

3

60.0

69

55.6

23

62.2

3

75.0

195

45.1

Carrying on Lottery Cheating and Swindling Cruelty to Children or Animals Defacing Public Property Disturbing Divine Worship

69 100.0 375 100.0
71 100.0 7 100.0
97 100.0

45

65.?

162

43.2

26

36.6

4

57.1

53

54.6

Escaping Failure to Pay Occupational Tax Firing Woods Gambling IIit and Run Driving

15 100.0 II 100.0 10 100.0 208 100.0
4 100.0

9

60.0

4

36.4

4

40.0

79

38.0

2

50.0

Illegal Arrests Larceny. simple Larceny after Trust Libel Maintaining Lewd House

6
1,879 109 3 39

100.0 100.0 100.0 100.0 100.0

3

50.0

913

48.6

40

36.7

3

100.0

24

61.5

Malicious Mischief Mayhem, misdemeanor grade t;isdemennor, blanket charge 1Iisdemeanor, miscellaneous Obscene Language

79 100.0 3 100.0 254 100.0 12 100.0 47 100.0

22

27.8

2

66.7

84

33.1

4

33.3

20

42.6

Obstructing Legal Process
Operating Auto while Drunk Operating Slot Machine with Slugs Peeping Tom Practicing Profession without Lioense

4 100.0 374 100.0
15 100.0 10 100.0 12 100.0

1

25.0

189

50.5

3

20.0

8

80.0

7

58.3

Public Drunkenness Public Indecency Receiving Stolen Goods Receiving Unstamped Tobaccos Removal of Mortgaged Property

295 100.0 20 100.0 56 100.0 44 100.0 48 100.0

132

44.7

13

65.0

34

60.7

6

13.6

18

37.5

Resisting an Officer Rioting Selling Mortgaged Property Shooting at Occupied Dwelling stabbing

4 100.0 54 100.0 27 100.0 II 100.0 267 100.0

2

60.0

25

46.3

10

37.0

4

36.4

132

49.4

Trespass
Using Auto without Owner's Consent Using Horse without Owner's Consent Usury Vagrancy

52 100.0 34 100.0
1 100.0 5 100.0 82 100.0

21

40.4

12

35.3

3

60.0

37

45.1

Violation of Common School Law Violation of County Health Rules Violation of Election Laws Violation of Game Laws
Violation of Highway Regulations

3 100.0 6 100.0 2 100.0 230 100.0 6 100.0

1

33.3

2

33.3

1

50.0

43

18.7

3

50.0

Violation of Labor Laws Violation of Motor Carrier La'll'S Violation of Motor Vehicle Laws Violation of Prohibition Laws Violation of the Sabbath

12
6
277 2,581
10

100.0 100.0 100.0 100.0 100.0

5
118 1,257
9

41.7
42.6 48.7 90.0

Violation of Timber Laws Wife Beating

2 100.0 82 100.0

2

100.0

31

37.8

TOTAL

9,961

*Source: 1anute dockets of 29 city courts.

100.0

4,458

44.7

- 48 -

ACQUITTAlS

Number Perceu:t

104

51.5

46

51.1

13

56.5

729

66.0

4

57.1

2

40.0

55

44.4

14

37.8

1

25.0

237

54.9

24

34.8

213

56.8

45

63.4

3

42.9

44

45.4

6

40.0

7

63.6

6

60.0

129

62.0

2

50.0

3

50.0

966

51.4

69

63.3

15

38.5

57

72.2

1

33.3

170

66.9

8

66.7

27

57.4

3

75.0

185

49.5

12

80.0

2

20.0

5

41.7

163

55.3

7

35.0

22

39.3

38

86.4

30

62.5

2

50.0

29

53.7

17

63.0

7

63.6

135

50.6

31

59.6

22

64.7

1

100.0

2

40.0

45

54.9

2

66.7

4

66.7

1

50.0

187

81.3

3

50.0

7 6 159 1,324 1

58.3 100.0
57.4 51.3 10.0

51

62.2

5,503

55.3

TABLE XVIII.

CONVICTIONS AND ACQUITTALS ON HON-JURY TRIALS

(Cases Where the Defendants Plead Not Guilty)

-

By Crimes

Janua~J 1, 1926 - December 31, 1935

GRIMES
Abandonment Adultery and Fornication Assault Assault and Battery Attempted Beastiality or Sodomy
Barbering without License Bastardy Breaking, Entering and Stealing BribeI"'J, Inisdemeanor grade Carrying Deadly Weapons
Carrying on Lottery Cheating and Swindling Cruelty to Children or Animals Defacing Public Pronerty Disturbing Divine Worship
Escaping Failure to Pay Occupational Tn..':: ?iring Woods Gambling IIit and Run Driving
Illegal Arrests Larceny, simple Larceny after Trust Libel lTaintabing Lewd House

Non-Jury Trials number Percent

301 192
27 1,920
4

100.0 100.0 100.0 100.0 100.0

25 73 173
5 1,132

100.0 100.0 100.0 100.0 100.0

481 100.0 444- 100.0
35 100.0 1 100.0
35 100.0

64 100.0 15 100.0
3 100.0 432 100.0
19 100.0

15 5,462
263 1
56

100.0 100.0 100.0 100.0 100.0

Convictions :Number Percent

260 142
10 1,208
3

86.4 74.0 37.0 62.9 75.0

22

88.0

55

75.3

144

83.2

4

80.0

888

78.4

364

75.7

319

11.8

14

40.0

14

40.0

54

84.4

9

60.0

3 100.0

322

74.5

15

78.9

26.7 79.5 74.9

36

64.3

Malicious Mischief ljayhem, misdemeanor grade Misdemeanor, blanket chargo :.Ii sdemeanor, miscellaneous Obscene Languace

189 100.0 10 100.0 74 100.0 16 100.0 41 100.0

133

70.4

8

80.0

24

32.4

10

62.5

25

61.0

obst:rl,jlI_", i.!l~ LeGa.l Process
OporatiIll'; Auto while Drunk Cperating Slot lAchine 'wi Lh 31u;:;s Peeping Tom Practicing Profession vnthou~ License

100.0 100.0 100.0 11 100.0 100.0

2

66.7

927

85.7

8 100.0

7

63.6

6

85.7

Public 1Jr'.mkenness ~~blic Indecency Receiving Stolen Goods 23ceiving Unst~r.ped Tobaccos ~emo"'l'al of }~ort~a.ged .Pr011erty
R"G;.,ting an Officer ':iocing SelliIlf; :.ortgaged Property Shooting at Occupied Dwelling Stabbing

413 100.0 53 100.0
110 100.0 101 100.0
23 100.0
113 100.0 7 100.0
11 100.0 11 100.0 916 100.0

295

71.4

46

86.8

64

58.2

79

78.2

13

46.4

10

62.5

4

36.4

4

36.4

699

76.3

Trospass :ising Auto wi. th01\t Owner's Consfmt crsiIlf; Hors0 without Owner's Consent Usury Vae;ra..TJ.cy

62 100.0 105 100.0
1 100.v 638 100.0

33 67

1 100.0

490

76.8

Violation Common School L8w Violation County Health Rules Violation of Election Laws Violation of Game Laws Violation of highway Regulations

4 100.0 1 100.0 2 100.0 65 100.0 7 100.0

2

50.0

1 100.0

2 100.0

39

60.0

3

42.9

Violation of Labor Laws Violation of Motor Carrier Laws Violation of crotor Vehicle Laws Violation o~ Prohibition La~ru Violation of tho SabhQth
Violution of Tinbor Laws vlife Beating. TOTAL

1 13 462 6,547
7
2 338

100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0

13 322 4,882
5

100.0 69.7 74.6 71.4

283

83.7

75.2

*SCUJ"'efl: J!inU"~,c docl:cts of 29 city couri~s.

- 49 -

Acquittals :Number Percent

41

13.6

50

26.0

17

63.0

712

37.1

1

25.0

3

12.(

18

24.7

29

16.8

1

20.0

244

21.6

117

24.3

125

28.2

21

60.0

1 100.0

21

60.0

10

15.6

6

40.0

110

25.5

4

21.1

11 1,118
66 1
20

73.3 20.5 25.1 100.0 35.7

56

29.6

2

20.0

50

67.6

6

37.5

16

39.0

1 155

4

36.4

1

14.3

118

28.6

7

13.2

46

41.8

22

21.8

15

53.6

6

37.5

7 100.0

7

63.6

7

63.6

217

23.7

29

46.8

38

36.2

148

23.2

2

50.0

26

40.0

4

57.1

1 100.0

140 1,665
2

30.3 25.1 28.6

2 100.0
--~5~,~6--"~~._ _=-;6-=-4'-=-.~'--

fore the jury _~re oonsidered, it appears that the peroentage of. aoquittal~cfor these two crimes is about the same as those for wife beating, stabbing, and assault and battery. This would lead to the conolusion that while there is some consistency in the jury verdicts for a limited type of crimes, the results reached when tried before a JUdge without a jury are Widely divergent.
On the other hand, juries do not seem to} grant acquittals in other types of crime& in the same degree of regularity as in those mentioned above. The offenses which are grouped in the Code as against public morality show wide variations. AcqUittals in charges of violation of the Sabbath are rare when tried before a jury. Conversely, gambling charges result in a large percentage of acquittals, while lottery charges show a percentage of convictions almost twice that of gambling.
Turning to the treatment of the same type of offenses tried before a judge but without a jury, it is found that exactly the opposite results oocur. It is unusual for the ratio of oonviotions to acqUittals for crimes in this group to be greatly at varianoe from the average on such trials and these exceptions are found in those offenses for which there are few cases. Exclusive of public indecency charges, conviction of the orimes of this type range between

65 and 75 percent.
From an analysis of the two tables, a broad. general conclusion may be drawn that defendants tried betore a jury are acqUitted in a larger peroentage ot oases than where tried before a JUdge without a jury, but the variations within orlme types and as between given offenses are so great as to indicate that the results reached are more likely the outcome of coincidenoe than the working of a pattern.
In considering the acqUittals resulting from JUry trials, it is well to take into account the small percentage of cases in which such procedures are demanded. Contrasting with these is the fact that nine-tenths of the work of the city court is handled by the judge without the aid of a jury and that convictions result in approximately 94 percent of these oases,It should be borne in mind, however, that voluntary admissions ot guilt make up a large percentage of. these convictions.
Such admissions cannot be ignored in estimating the value of the court performanoe. Of
the total 141,056 oases, pleas of guilty accounted for 50 percent out of the 65 percent
which resulted in convictions. In the light of the foregoing discussion, it might be said that the eventual dispositions of the remaining onethird of the oases studied was an actual or virtual aoquittal.

~

- 50-

Chapter Y[
. CASES BEFORE 5UPERIOR (OURTS

Courts for the handling of misdemeanor oases
are usually found only in the more populous
oounties. In the other areas, all oases are
brought in the Superior Court, the oourt of gen-
eral Jurisdiotion and the major trial oourt
under the Georgia system}1l This tribunal funo-
('l)
tions through a Judioial unit in eaoh oounty,
and must sit for the trial of oases at least
twioe a year and as many other times as are neo-
essary.(.3) The regular terms are set by law and
speoial terms by the presiding Judge of the oiroUit!~ Due to the press of business, the oourt
sits almost oontinuously in the more populous
oounties, while the few oases brought in some of
the small oounties make two short terms ade-
quate.
For the handling of oriminal business, the
Superior Court has the following offioers: a
(5)
JUdge, eleoted from the oircuit; a solioitor general, eleoted from the same territOry~<Ol a
(1)
olerk, and a sheriff, eleoted from the oounty; a grand Jury of eighteen to twenty-three men(,Ill and
a petit Jury panel of twenty-four or more men,
seleoted from the qualified oitizens of the
oounty;(91 one or more bailiffs, appointed by the sheriftCloJor Judge;(II) and a reporter, appointed by
the JUdge. The JUdge presides over and is re-
{I'll
sponsible tor the tunotioning of this oourt.
The olerk is the oustodian ot the oourt reoords, and is administration ottioer(,I?>lwhile the sheritt
is custodian ot the prisoners, and exeoutive ot-
(14-)
tioer; and the bailifts are assistants ot the
til Sec. 24-2615 Ga. Code 1933. (7,) Sec. 24-2501 ibid. (3) Sec. 24-3009 ibid. (4) Sec. 24-2609 ibid. ~) Sec. 24-2601 ibid. ((i,) Sec. 24-2901 ibid. nlSees. 24-2801;34-2701 ibid. (ill Sec. 59-202 ibid. t~ Sees. 59-707:59-801 ibid. (JolSee. 24-3351 ibid. (II) Sec. 24-3101 ibid Q1lSee. 24-2616 ibid. trJlSee. 24-2714 ibid. OUee. 24-2813 ibid.

(15)
sheritt. The solioitor general represents the state and handles the state's case before the oourti"t>lthe reporter makes a reoord of all the evidenoe in telony case~~l The petit Jury is the Judge of the law and the faots~~while the grand Jury inquires into each oase brought betore it or originated by it as to whether or not a orime has been committed. When this question is answered affirmatively, this body then determines it there is sufficient evidence to indioate the parties implioated in the orimeM. I It, as a part ot the oourt, eliminates those cases which are not triable and leaves upon the oourt docket only those oases in which there is evidence suttioient tor trial. The oriminal cases remaining torm the grist which the court must grind, and usually there is a well-filled docket. Of the
93,26g oases docketed in the Superior Court in the counties stUdied, 55,5gg had been brought to
trial by December 31, 1935. (See Appendix E, Table 17, for cases by counties.) Table XIX lists the several crimes studied, along with the peroentage of eaoh reaohing trial. An interesting side-light on the work of this court is the similarity of the disposal pattern with that in the misdemeanor oourts.
In the city oourt, the solioitor brings the tormal accusation ot the state against the aooused, while in the Superior Court this work is done by the grand Jury. Perhaps at some time in its early history, this body tunctioned independently ot the prosecutor's offioe and without assistanoe brought such indictments as it deemed in the best interest ot the state. Today, it. leans heavily upon the solicitor general and has otten been acoused of being a rubber stamp for
(15) Sec. 24-3351 ibid. t~ Sec. 24-2908 ibid. (n) Sec. 27-2401 ibid. Q~Sees. 2-201;27-2301 ibid. (19) Sec. 27-701 ibid.

51 -

TABLE XIX*
DISPOSITION OF CASES By Crimes
57 Superior Courts of Georgia ** --- Janu~ I, 1926 - Deoember 31, 1935

Misdemeanors

CRIMES
Abandonment Adultery and Fornication Assault Assault and Ba'ttery A'ttempted Bee.s'tiali1;y or Sodomy
Bastardy Blaolanail and Elxtortion BreaJdng, Entering and Stealing Carrying Deadly Weapons Carrying on Lottery
Cheating and Swindling Cook Fighting Cruelty to Children and Animals Disturbing Divine Worship Defamation of Vir'tuous Female
Escape Failure to Pay Occupational Tax Firing Woods Gambling Hit and Run Driving
Interfering with Laborers Killing Farm Animals Libel Larceny, simple Laroeny, attempted
Larceny Atter Trust Malpraotioe by Public Offioer Malioious Mischief Maintaining Lewd House Maintaining Opium JoiIIt
Mayhem, misdEllIleanor ~sdemeanor, blanket charge Misdemeanor, miscellaneous Obstructing Legal Process Operating Auto while Drunk
Operating Slot. Machine with Slugs Peddling without License Peeping Tom Performanoe of Peace Officer's Du1;y, illegally Pointing Pistol at Another
Practioing Profession without Lioense Publio Drunkenness Publio Indecency Receiving Stolen Goods Receiving unstl\lllped Tobaocos
Removal of Mortgaged Property Resisting an Offioer Rioting Selling Mortgaged Property Shooting a't Occupied Dwelling
Stabbing Trespass Using Auto without Owner's Consent Using Obscene Language Usury
Vagrancy Violation of CCIllIlIlOn School Law Violation of Eleotion Laws Violation of Professional Bondsmen's Act Violation of GBIIle Law

Total Number Peroent

1,388 566 189
1,889 48

100.0 100.0 100.0 100.0
100.0

151 95
247 3,779 1,005

100.0 100.0 100.0 100.0 100.0

2,922 74 97
542 21

100.0 100.0 100.0 100.0 100.0

296 347
23 2,089
35

100.0 100.0 100.0 100.0
100.0

21
11 17 6,439 80

100.0 100.0 100.0 100.0 100.0

86 100.0

8 100.0

294 100.0

283

100.0

21 100.0

13 2,471
101 12
1,628

100.0 100.0 100.0 100.0 100.0

272 100.0

12 100.0

21 100.0

39 100.0

573

100~0

38 3,307
37 627 214

100.0 100.0
100.0
100.0 100.0

159 100.0 14 100.0 369 100.0
116 100.0 84 100.0

389 100.0 164 100.0 147 100.0 766 100.0 129 100.0

1,006 39 71 15 513

100.0
100.0 100.0 100.0 100.0

- 52 -

Cases 'to Trial Number Peroent

429

30.9

297

52.5

97

51.3

816

43.2

32

66.7

62 41 148 2,129 301

41.1 43.2 59.9 56.3 30.0

1,187 21 40
267
6

40'.6 26.4 41.2 49.3 28.6

214

72.3

60

17.3

3

13.0

948

45.4

10

28.6

9 5 3 3,995 49

42.9 45.5 17.6 62.0 61.2

53

60.2

2

25.0

152

51.7

156

55.1

13

61.9

6 863 48
4 1,267

46.2 34.9 47.5 33.3 69.3

109

40.1

2

16.7

15

71.4

28

71.8

257

44.9

11 2,162
16
335 43

28.9 65.4 43.2 53.4 20.1

48

30.2

11

78.6

122

33.1

36

31.0

40

47.6

220

56.6

58

35.4

118

80.3

- - 263

34.3

754

75.0

21

53.8

21

29.6

6

40.0

234

45.6

other Dispositions Number Percent

959 269
92 1,073
16

69.1 47.5 48.7 56.8 33.3

69 54 99 1,650 704

58.9 56.8 40.1 43.7 70.0

1,735 53 57
275 15

59.4 71.6 58.6 50.7 71.4

62 287
20
1,141 25

27.7 82.7 87.0
54.6
7l.~

12 6
14 2,444
31

57.1 54.5 82.4 38.0 38.8

35

39.8

6

75.0

142 48.3

127 44.9

8 38.1

7 1,608
53 8
561

53.8 65.1 52.5 66.7 30.7

163 59.9

10 83.3

6 28.6

11

28.2

316

55.1

27 1,145
21 292 171

71.1 34.6 56.8 46.6 79.9

III

69.8

3

21.4

247

66.9

80 69.0

44 52.4

169 43.4

106 64.6

29 19.7

503

65.7

129 100.0

252

25.0

18

46.2

50

70.4

9 60.0

279

54.4

.::RUlES
Violation of Higlnvay Regulations Violation of Motor Vehicle LlIlV Violation of Prohibition LlIlV Violation of Security License Law Violation of the Sabbath
Violation of Timber LftW Wife Beating
Total Misdemeanors

Table XIX - Disposition of Cases (Cont'~)

Total Number Percent

36 1,175 11,021
83 44

100.0 100.0 100.0 100.0 100.0

11

100.0

194

100.0

Case!; to Trial Number Percent

18 730 7,023 12 16

50.0 62.1 63.7 14.5 36.4

4

36 0 4

86

44.3

49,175

100.0

26,552 ,

~5~4~.0

Felonies

Assault with Intent to ~~der Assault with Intent to Rape Assault with Intent to Rob Arson Bir;amy
Breaking and Entering Vehicle Bribery Burglary Destroying House with Explosives Embezzlement
Embracery Felony, blanket charge Forgery Incest Involuntary Manslaughter
Kidnapping Larceny from Building Larceny from Person Larceny of Automobile Larceny of Farm Animals
Larceny Larce~ After'Trust
l~yhem
J!.anufacturing Liquor riscellaneous Felony
l:urder Obtaining 110ney Under False Pretense PerjuI"'J Personating Another Poisoning Well
Possessing Counterfeit Type Possessing Burgl~J Tools Rape Receiving Stolen Goods Robbery
Seduction Shooting at Another Sodomy and Beastiality Violation of Banking Re(,111ationl" Vol'xntary Manslaughter
Wrecking Trains

6,130 428 290 310 133
557 81
11,638 12 365
15 341 2,399
28 268
187 2,743
118 4,363
574
63 1,448
4 2,309
73
2,901 94 286 10 18
5 82 511 29 3,816
308 749 137 219 34
17

100.0 1000 0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.\)
100.0

Total Felonies

44,093

GRAIlD TOTAL

93,268

100.0

* Source: Minute dockets of 57 Superior Courts. ** For a county breakdown by crimes, see Appendu E, Table 17.

- 53 -

3,791 280 192 144 75
347 36
8,718 5
131
4 150 1,526
17 164
57 1,919
65 3,243
356
48 492
1 1,450
24
2,073 48 90 8 6
4 63 335 12 2,515
74 458
81 4 22
8

61.8 65.4 66.2 46.5 56.4
62.3 44.4 74.9 41.7 35.9
26.7 44.0 63.6 60.7 61.2
30.5 70.0 55.1 74.3 62.0
76.2 34.0 25.0 62.8 32.9
71.5 51.1 31.5 80.0 33.3
80.0 76.8 65.6 41.4 65.9
24.0 61.1 59.1
1.8 64.7
47.1

29,036

65.,9

55,588

59.6

Q:!;.!'er}2tfjpositio!J,s Number Percent

18 445 3,998
71 28

50.0 37.9 36.3 85.5 63.6

7

63.6

108

56.7

22,623

46.0

2,339 H8 98 166 58
210 45 2,920
7
234
11 191 a73
11 104
130 824
53 1,120
~lS
15 956
3 859
49
828 46 196
2
12
1 19
176 17
1,301
234 291
56 215
12
9

38.2 34.6 33.8 53.5 13.G
3'1.7 55.0 25.1 58.Z, 64.1
73.3 56.0 36.4 3:).3 38.8
69.1' 30.0 44 0 9 25.7 38.0
23.:7:
bU~Cl
75.0 37.2 67.1
23 .5 48.0 68.1' 20.0 66. 7
20.0 23.2 34.458.6 34.1
76.0 38.9 40.9 98.2 35.;:

15,057

34.1

,37,680 ===40==.4=,

CRIMES

TABLE %l.

CASES NOT TR~

By Crimes

~-,=

57 SUperior Courts in Georgia

JaDU&ry 1. 1926 - Deolllllber 31. 1935

- ' - '}Jisdemeanors

To1;al

Transferre'" to

Nol

other Courts Dismissed Prossed

Released On Demand ,Dead For Trial Dooke"t Pending

AbandoIllllllItt Adultery and Fornioation Assault As sault and Ba1;1;ery A1;1;empted Beas"tiali1;y or Sod~

969 269
92 1.073
16

Bastardy Blaokmail and Extor"tion Breeking, EIItering and S"tealing Carrying Deadly Weapons Carrying on Lo1;1;ery

B9
64r 99
1.~ '1~

Chea"ting and SWindling, Cook Figltting Cruel1;y to Children and .Animals DiS'turbing Divine Worship Defamation of Vir"tuous Female

1.736 53 6'1
216 16

Esoape Failure to Pay Ocoupational 1'11:1: Firing Woods Gambling Hit and Run Driving

82 287
20
1.141 26

lItterfering with Laborers Killing of Farm Ammals Libel Le.roeny, simple Laroeny. a1;1;emp1;ed

12 6
14 2.444
51

LaroeIl\Y" Ai'ter TruB"t

35

Malprao"tioe by Pub1io Offioer

6

Malioious Misohief

142

MaiIttaining Lewd House

12'1

Maintaining Opium JoiIIt

8

Mayhem, misdemeanor Misdemeanor, b1lU1ke"t oharge Misdemeanor, misoellaneous ObB"truoting Legal Prooess Operating Au"to while Drunk

'I 1,608
53 8
561

Operating Slot Machine with Slugs

163

Peddling w+thou"t Lioense

10

Peeping Tom

6

Performance of Peace Offioer's Du1;y, illegally

11

PoiIIting Pistol At Another

'

316

Prao"tioing Profession withou"t Lioense Publio IlruJIkenness Publio Indeoency Reoeiving S"tolen Goods Reoeiving UnB"temped Tobacoos

27 1,146
21 292 171

Removal of ),tJr"tgaged Property

111

Resisting an Offioer

3

'Rio"ting

247

Selling ),tJr"tgaged Proper1;y

BO

Shoo1;ing at Occupied Dwelling

44

S"tabbing

169

Trespass

106

Using Au"to withou"t OIIner's ConseItt

29

Using Obsoene Language

503

Usury

129

Vagrancy

252

Violation of COIIlIDOn Sohoo1 La

18

Violation of Eleotion LtlII'

60

Violation of ProfessioJ;lal Bondsmen's Ao"t

9

Violation of: Game Law

2'19

337 63 8
282 3
-25
34 lB3 636
200 2'1 16 80 8
5 '15 2 194 4
-
1 2 304 7
-1
11
-40
1 358
-7
98
---2
69
19 213
5 10
2
10 1
3'1 6
14
60 11 10 199 126
40 1
-1'1
31

- 54-

17

123

-10

103 32

44

381

2

4

7

30

1

19

4

33

49

579

12

30

- - 28

451

1

2'1

10

94

1

4

6

1'1

9

97

1

11

-17

394 10

-- 7 2

1

2

92

969

3

'1

-3

14 6

--8

77
-3'1

1

3

--66

463 19 4

41

233

-1

66 7

2

2

1

1

16

129

-5

51

449

2

2

-3

107 153

- - 5

53

5

93

3

29

2

12

9

48

'1

53

4

8

-30

153 1

--14

94 6
29

1

6

10

140

3

104

375

3

5

85

2

12

38

-14

49 2

303 5

----2

--9

18 34 28

41

796

1

26

--4

118 19 4

934 7 9

1-

-10

80 2

- 10

44

2 1

-10

94 5

4-

-20

512 11

--
2

---

5 3 7

-16

-214

849 14

------

-5
3
-2 -

12 1
43 48
8
2

9

66

646

-2

-1

24 4

1

25

163

--1-

-1-

92 3 2

3

6

1

11

90

1

1

1

6
--2

60 3
31 1

366 9
139 15

-2
--1

--7

34 2
111

-4

38 16

2

6

55

-1

-5

29 7

-1

6

114

1

2

-1--

-10
--

93
11 4 2

1

15

82

~-=-
CRIMES
Violation of Highway Regulations Violation of Motor Vehicle Law Violation of Prohibition Law Violation of Security License ~
'Violation of the Sabbath Violation of Timber Law Wife Beating
Total Ml.sdemeanors

Table XX - Cases Not Tried (Cont. d)

Total

Transferred to

1101

other Courts Dismissed Prossed

Released On Demand Dead For Trial Docket Pending

18 445 3.. 998
71
28 7
108
22.623

6 65 754
2
8 4 33
4.755

1

6

50

162

167

1,785

16

17

3

1

43

819 7.961

1

4

1

30

137

21

226 1,045

5

46

3

1

3

27

109

1,159 7,820

Felonies

,Assault with Intent to Murder Assault with Intent to Rape Assault with Intent to Rob .Arson
Big~

2,339 148 98 166 58

BresJdng and Entering Vehicle Bribery
Burglary Destroying House with Elltp10sives Embezzlement

210 45 2,920
7 234

Embracery

11

Felony. blanket charge

191

Forgery

873

Inoest

11

Involuntary Manslaughter

104

Kidnapping Larceny from Building Larceny fram Person Larceny of Automobile Larceny of Farm Animals

130 824
53 1,120
218

Larceny

15

Larceny After Trust

956

Mayhem

3

l!anuaeturing Liquor

859

Miscellaneous Felony

49

Murder

828

Obtaining Money under False Pretense

46

Perjury

196

Personating Another

2

Poisoning Well

12

Possessing Counterfeit Type Possessing Burglary Tools Rape Receiving stolen Goods Robbery

1 19 176
17 1,301

Seduotion

234

Shoeting at Another

291

Sod~ and Beastiality

56

Violation of Banking Regulations

215

Voluntary Manslaughter

12

Wrecking Trains

9

Total Felonies

15,057

GRAm> TOTAL

37.680

* Souroe: Minute dookets of 57 Superior Courts

40 4 4 1
2 1 133
3
20 10
7
127 9
35 3
48 1 22 4
18
7
1 7 1 13
3 8 1 139 1
673
5,428

36

764

7

62

2

28

5

80

3

18

3

33

18

79

906

6

62

6

1

77

16

274

2

4

4

36

4

39

36

219

1

20

19

253

13

60

3

3

22

294

1

33

371

2

18

43

157

13

5

49

9

1 5 17 11 5 16
400 1,219

4 75 8 347
93 133
23 36
3
3
4,599
12.560

27

294 1,178

2

13

60

16

48

7

13

nO

7

30

4

29

139

26

13

470 1,319

7

2

40

121

5

3

13

77

4

93

476

1

4

2

1

54

2

19

66

3

74

365

1

2

20

5

85

123

1

37

104

2

3

4

6

66

520

1

9

71

353

4

21

1

63

546

9

24

6

9

120

2

3

1

1

12

13

76

8

8

110

806

26

101

2

18

125

6

26

24

1

.7
6

112

1605

7,668

221 2,764 15.488

- 55 -

his offioe. The grand jury, under the Georgia law, has powers adequate for it to fulfill the utmost expeotations of the oiti-zenry~1) and when it does not live up to them, suoh failures may be attributed largely to its leadership. While it is the duty of this body to keep as many nontriable oases from the dooket as possible, probably its failure to thoroughly sift the evidence is responsible in part for the fact that approx-
imately 40 peroent of the indiotments were not
tried. The disposition of all such cases is shown in Table XX.
For the city court, only a small percentage of the cases not tried were transferred to other courts. In fact, little reason existed for transferrals, except for those cases which involved minors. On the other hand, the Superior Court, with its general jurisdiotion, had all types of cases brought before its grand juries, and where proper eVidence was presented, an indictment was returned. Often, then, the Superior Court judge, instead of trying misdemeanor and Juvenile cases, saw fit to place them under the jurisdiction of the courts especially designed for them. Also, while in the city court a change of venue is a very rare occurrence, it is not so rare in the Superior Court, and suoh cases add to the volume of those sent to other courts.
For the purpose of this study, cases transferred to other courts were assumed to be completed. Under such an assumption, they are not then a part of the grist of the Superior Court, and can be eliminated from further consideration. When this is done, the total cases not
tried is 32,252, or 36.S percent, of the 87,840
cases under consideration (cases docketed minus cases transferred). Upon an application, then, of the reasoning employed in the preceding chapter in regard to dismissed, no1 prossed, and pending cases, approximately one-third of the cases brought in the Superior Court result in

virtual acquittals. Due to the more serious nature of felony.
crimes,*it is to be expected that they are tried in greater ratios than misdemeanors. Mlen the cases transferred to other courts are eliminated, the expectation is shown to be fulfilled by
66.9 percent of the felonies, and only 59.8 per-
cent of the misdemeanors reaching trial. The procedure of the city and county courts was designed especially for the rapid disposal of minor crimes, while that in the Superior Court has changed little from the oumbersome routine used in early colonial times. Since felony cases, by their very nature, are more important, from the standpoint of disposal, than misdemeanors, it is in the interest of the state that these lesser orimes be tried in the courts designed for their trial where such courts are operating. Transferrals to these oourts are not always made, however, and in many counties, the Superior Court attempts the trial of large percentages of misdemeanor cases. This practice perhaps accounts in part for the recent change in the law, and allows the solicitor general to initiate charges on accusation in misdemeanor cases as is done in the city COUit't ,12) This change is so recent that its effect on the oases studied is negligible.
Nevertheless, in the Superior Court, as in the oity court, a defendant may waive his rights to a full examination of the case by the court upon entering a plea of guilty. The jUdge, in cases of this kind, makes such inquiry into the ca6e as he deems neoessary and sentences the defendant according to the law of the particular crime involved. Pleas of guilty were entered in
73.8 percent of the misdemeanors and 55.6 per-
* AUTHOR'S NOTE: For 1;he purposes of 1;his chap1;er and for
the remainder of those in this rep or"\;, ell tables and computations were made on the basis of the crime charged. and no1; on the basis of 1;he crime for which sentence was passed. In o1;her words, if a person charged wi1;h rape in the indictment was convicted and sentenced for assauU and battery, 1;he figures 1;hroughout this repor"\; show this case under rape.

(I) Sec. 59-301 et sequi, ibid.

(7) p. 196, Acts of 1935
- 56 -

cent of the felonies tried in the Superior small portion of time is consumed by the judge

Court. The numbers of pleas of guilty in one of in handling a case if the defendant pleads gUil-

the more serious felonies no doubt causes wonder ty. On the other hand, if the defendant pleads

dn the part of the average individual, and yet, not guilty, it is necessary for a suitable jury

pleas of guilty were entered in 17.S percent of to be impanelled and the case proceeds before

the murder charges coming to trial in the period it. A large portion of the time in the Superior

under discussion. This, however, does not tell Court is consumed by the assembling, choosing,

the complete story, since often a defendant and qualifying of jurors. Nevertheless, 35.7

charged with a heinous crime may find it advis- percent of the total cases tried in the Superior

able after a conference with the solicitor gen- Court were tried before a jury. Of these, con-

eral to plead guilty to an offense not so grave victions resulted in 53.4 percent of misdemeanor

as the one with which he is charged, and will- cases and 65.2 percent of the felony cases.

ingly receive the maximum sentence for the less- This difference is maybe due to the fact that

er offense. Contrasting with the solicitor who solicitors general spend greater effort in the

has made a bargain is that prosecuting officer preparation of felony cases and in the selec-

whose case is so well prepared and whose evi- tions of juries for them. As shown by Table

dence is so complete that the defendant prefers XXII, percentages of convictions vary between

to rest upon the mercy of the court rather than the several crimes. These differences are prob-

face an enraged jury, even though the punishment ably due to the fact that because of their very

meted out by the judge might be electrocution. natur.3, evidence in some types of cases is more

There are among the cases studied, several in easily obtained and presented than in others.

which the defendants were given the maximum pun- Arson all embezzlement are two crimes in which

ishment allowed by law under pleas of guilty. evidence must be gathered by a costly and labo-

Table XXI lists the cases tried according to the rious process, and which, after being gathered,

plea entered.

does not lend itself to a clear presentation to

The charge of murder is not the only one in a jury.

which pleas of guilty are entered in surpI~sing

The percentage of convictions before a jury

ratios. Rape, robbery, burglary, and arson - for misdemeanor cases is slightly higher in the

all heinous crimes - show such pel'centages of Superior Court than in the city court, but not

pleas of guilty. On the other hand, among the so mUwh higher as to lead one to believe that

misdemeanor cases, there are points of similar- the jury of the Superior Court is so m~ch more

ity, as well as points of difference, in the effective than in the inferior courts. Taken as

plea pattern to that in the city court. Taken a whole, almost 39 percent of the cases tried

all in all, however, there is so much difference before a jury are acquittals. When to these are

between the ratios of the several crimes that it added those virtual acquittals due to nol pros,

is probable that a definite pattern does not ex- dismissal, and pending dispositions, it is found

ist between crimes of all types and crimes sup- that convictions occur in the Superior Court in

posedly similar in character, and that pleas of only '54.5 percent of the cases docketed there.

guilty are made more on the basis of the evi-

This fact indicates clearly that a large

dence known by the defendant to be in the hands portion of the labor of our law enforcement and

of the state rather than upon any specific qual- court departments is non-productive, and changes

ity inherent in the crime or crime type.

of some type are necessary if the desired pur-

Even in cases of serious felonies, only a poses are to be served by them. No one individ-

- 57 -

TABLE XXI.

~OJIIDeiIt
Adultery and Fornication Assault Assault and Battery Attempted Beastiality or Sodo.m;r

PLEAS OF GUILTY AND NOT GUILTY - BY CRIMES 57 SUperior Courts in Georgia

--- January 1, 1926 - December 31, 193u

LlISaemeanors

Total

Number Percent

429

100.0

297

100.0

97

100.0

816

100.0

32

100.0

Guilty

Number Percent

304

70.9

204

68.7

38

39.2

368

45.1

22

68.8

Bastardy Blaclcnail and Ex;t;ortion BreeJdng, Entering and stealing Carrying Deadly Weapons Carrying on Lottery

62
41 148 2,129 301

100.0 100.0 100.0 100.0 100.0

23 23 93 1,455 281

37.1 56.1 62.8 68.3 93.4

Cheating and SwiJ:Jdlillg Cook Fighting Cruelty to Children and AniJDals Disturbing Divine Worship Defamation of Virtuous Female

1,187 21 40 267
6

100.0 100.0 100.0
100.0 100.0

890

75.0

9

42.9

12

30.0

173

64.8

1

16.7

Esoape Fe. ilure to Pay Oooupational Ta Firillg Woods Gambling Hit and Run Driving

241

100.0

60

100.0

3

100.0

948

100.0

10

100.0

175

81.8

54

90.0

2

66.7

827

87.2

6

60.0

Interfering with Labors Killing Farm .Animals Libel Larceny, si:mple
Larceny, attempted

9 5 3 3,996 49

100.0 100.0 100.0 100.0 100.0

-- - 7

-77.8

2,641

66.1

27

55.1

Laroeny After Trust lIalpraotice by Publio Officer lIalicious Misohief Maintaining Lewd House lIaintaining Opium Joint

63

100.0

2

100.0

162

100.0

166

100.0

13

100.0

33

62.3

1

50.0

98

64.5

136

87.2

8

61.5

vayhem l4ildemeanor, bllUlket charge mademeanor, misoellaneous Obstruoting Legal Process Operating Auto while Drunk

6 883 48
4 1,267

100.0 100.0 100.0 100.0 100.0

3 ..22 31
4 1,047

50.0 72.1 64.6 100.0 82.6

Operating Slot Machine with Slugs

109

100.0

Peddling without Lioense

2

100.0

Peeping Tam

16

100.0

Performance of Peace Officerts Duty, illegally

28

100.0

Pointing Pistol at Another

257

100.0

98

89.9

2

100.0

8

53.3

18

64.3

104

40.5

Practioing Profession without Lioense Publio Drlmkenness Publio Indeoency Receiving Stolen Goods Reoeiving Unst8lllped Tobaccos

11 2,162
16 335
43

100.0 100.0 100.0 100.0 100.0

6 1,869
13 185
35

54.5 86.4 81.3 55.2 81.4

Removal of JIortgaged Property Resisting lIZl. Offioer Rioting Selling Mortgaged Property Shooting at Ocoupied Dwelling

48

100.0

11

100.0

122

100.0

36

100.0

40

100.0

17

35.4

8

72.7

51

41.8

13

36.1

19

47.5

Stabbing Trespass Using Auto without Ownerts Consent Using Obsoene Language vagranoy
Violation of CClIIllIlOn Sohool La' Violation of Eleotion La' Violation of Professional Bondsments .lot Violation of Geme La' Violation of Highway RegulatioIlll
Violation of JIotor Vehicle x.-
Violation of Prohibition Law
Violation of Security License x.-
Violation of the Sabbath
Violation of Timber x.WiteTBote8a1tinidglCl_ _8

220

100.0

58

100.0

118

100.0

263

100.0

764

100.0

21 . 100.0

21

100.0

6

100.0

234

100.0

18

100.0

730 7,023
12 16 4
86 26,552

100.0 100.0 100.0 100.0 100.0 100.0 100.0

- 58 -

89 40 86 145 704
10 15 1 174 10
595 5,579
5 15
2 68 19,592

40.5 69.0 72.9 55.1 93 0 4
47.6 71.4 16.7 74.4 55.6
81.5 79.4 41.6 93 0 8 50.0 67.4 73.8

Not Guilty

Number PerceiIt

125

29.1

93

31.3

59

60.8

448

64.9

10

31.2

39

62.9

18

43.9

55

37.2

674

31.7

20

6.6

297

25.0

12

57.1

28

70.0

94

35.2

5

83.3

39

18.2

6

10.0

1

33.3

121

12.8

4

40.0

2
5 3
1,364 22

22.2
100.0 100.0
33.9
44.9

20

37.7

1

50.0

64

35.5

20

12.8

5

38.5

3

50.0

241

27.9

-17

-35.4

220

17.4

11

10.1

7

46.7

10

35.7

153

59.5

5

45.5

293

13.6

3

18.7

150

44.8

8

18.6

31

64.6

3

27.3

71

58.2

23

63.9

21

52.5

131

59.5

18

31.0

32

27.1

118

44.9

50

6.6

11

52.4

6

28.6

5

83.3

60

25.6

8

44.4

135 1,444
7 1 2 28
6,960

18.5 20.6 58.4 6.2 50.0 320 6 26.2

TABLE XXI - Pleas of Guilty and Not Guilty (Cont'd)

- -< -
CRI14ES
Assault with Intent to l6lrder Assault with Intent to Rape Assault with Intent to Rob Arson BiglllD

Total Number PerceJIt

3.791 280 192 144 75

100.0
100.0 100.0 100.0 100.0

Breaking end Entering Vehicle Bribery Burglary Destroying House with Explosives
Embezzlement

347 36 8.718
5 131

100.0
100.0 100.0 100.0 100.0

Embracery
Fe10n,y. b111Jlket charge Forgery Incest Imroluntary Manslaughter

4 150 1.526 17 164

100.0
100.0 100.0 100.0 100.0

KidJlapping Larcen,y from Building Laroeny from Person Larcen,y of Automobile Laroen,y of Farm Animals

57
1.919 65
3.243 356

100.0 100.0 100.0 100.0 100.0

Laroen,y Larcen,y .After Trust Jls.yhem lI'lmU1'acturing Liquor Misoel1aneous Felon,y

48 492
1
1.450 24

100.0 100.0 100.0
100.0 100.0

J.6lrder Obtaining Money under False Pretense Perjury Personating Another
Poisoning Well

2.073 48 90 8
6

100.0 100.0 100.0 100.0 100.0

Possessing Counterfeit Type Possessing Burglary Tools Rape Reoeiving Stolen Goods Robbery

4 63 335 12
2.515

100.0 100.0 100.0 100.0 1000 0

Seduction Shooting at Another Sodomy end Beastiality Violation of BIlJlld.ng Regulations Voluntary Manslaughter

74

100.0

458

100.0

81

100.0

4

100.0

22

100.0

Wreoking Trains

8

100.0

Total Felonies

29.036

100.0

GRAlID TOTAL

55.588

100.0

* Source, :Minute dockets of 57 SUperior Courts

Felonies Guilty
NUlliber Percent

1.323 77 89 31 46

34.9 27.5
46.4 21.5 61.3

261 12
5.685 3 68

75.2 33.3 65.2 60.0 51.9

2
90 1.251
9 42

50.0 60.0 82.0 52.9 25.6

16
1.357 28
2.398 189

28.1 70.7 43.1 73.9 53.1

26

54.2

279

56.7

1

100.0

893

61.6

13

54.2

370

17.8

31

64.4

41

45.6

5

62.5

3

50.0

1 35 68 3
1.135

25.0 55.6 20.3 25.0 45.1

23

31.1

186

40.6

59

72.8

4

18.2

5

62.5

16.158

55.6

35,750

64.3

:Not Guilty NUIliber Percei'It

2.468

65.1

203

72.5

103

53.6

113

78.5

29

38.7

86
24
3.03~
2 63

24.8 66.7 34.8 40.0 48.1

2

50.0

60

40.0

275

18.0

8

47.1

122

74.4

41

71.9

562

29.3

37

56.9

845

26.1

167

46.9

22

45.8

213

43.3

557

38.4

11

45.8

1.703 17 49
3 3

82.2 35.4 54.4 37.5 50.0

3 28 267
9 1.380

75.0 44.4 79.7 75.0
54.9

51

68.9

272

59.4

22

27.2

4

100.0

18

81.8

3

37.5

12.878

44.4

19,838

35.7

ual nor one part of the court can be blamed for best, it is not to be expected - indeed, it is this fact. It may be that the law enforcement not desirable from a standpoint of public poldepartment has not assembled all the witnesses icy, that all cases docketed will result in conor that courts of inquiry have allowed frivilous victions. Some allowance must be made for human charges to be bound over to the trial courts. errors in jUdgment on the part of those charg~d Then, maybe the grand jury has brought indict- with the various phases of law enforcement an4 ments in cases where the evidence was faulty and court routine. The fact, however, that so relainSUfficient, perhaps the solicitor general has tively few convictions result from the cases failed to prepare the case properly, or maybe docketed is incontrovertible evidence that eiththe petit jury has not done its duty. Even er a great portion of the effort of state agenwhen all departments are functioning at their cies is directed toward abortive attempts to
59

UBIB XXII.

COlNICTIOBS .ABD ACQUITTALS

(Gases 19here Pleas ot llot Quilty Were E!fr.3red)

~_::

57 Superior Courts in Georgia

JanUary 1. 1926 - Deo~er 31. 1935

Jtl.sdemeanors

CRDIES Abandonme:at Adulte:ry and Fornication Assault Assault and Battery Attempted Beastiali1:y or Sodomy

Total

llamber Peroe:at

125 100.0

93 100.0

59 100.0

448

100.0

10 100.0

Conviotiona

B\lmber Peroe:at

79

63.2

48

51.6

23

39.Q

212

47.3

8

80.0

Bastardy 1l1ao1anai1 and Extortion Bree.ld.ng. E:ateriDg and StealiDg Carrying Deadly Weapons Carry:ing on Lottery

39 100.0 16 100.0 55 100.0 674 100.0 20 100.0

22

56.4

6

44.4

34

61.6

408

60.5

6

30.0

Cheating and SwindliDg
Cook Fighting
Cruelty to Chi1dren.and Animals Disturbing Divine Worship nef'emation ot Virtuous Female

297 100.0 12 100.0 26 100.0 94 100.0
5 100.0

160

53.9

12 100.0

13

46.4

- - 43

45.7

Escape Failure to Pay Occupational Tex FiriDg Woods Gambling Hit and Run Driving

39 100.0 6 100.0 1 100.0
121 100.0
4 100.0

22

56.4

- - 1

16.7

52

43.0

2

50.0

I:aterf'erlng with Laborers Killing Farm Animals Libel Larceny. simple Larceny. attempted

2 5
3 1.364
22

100.0 100.0 100.0 100.0 100.0

- - 1

50.0

1

33.3

767

56.1

14

63.6

larceny'Atter Trust
Malpraotice by Public Otf'icers Malicious Mischief' :Ilai:ataining Lewd House llai:ataining Opium Joi:at

20 100.0
1 100.0 54 100.0 20 100.0 5 100.0

-10

- 50.0

27

50.0

14

70.0

4

60.0

:Mayhem
Misdemeanor.blanket charge Misdemeanor. miscellaneous Operating Auto while Drunk Operating Slot Machine with Slugs

3 100.0

241 17

- 100.0
100.0

220 100.0

11 100.0

1

33.3

130

54.0

6

35.3

116

52.7

8

72.7

Peeping Tom Perf'orman~e of' Pence Of'fioer's Luty. illegally Pointing Pistol at Another Practicing Prof'ession without License Public Drunkenness

7 100.0 10 100.0 153 100.0
5 100.0 293 100.0

3

43.0

4

40.0

66

43.1

3

60.0

126

43.0

Public Indecency Receiving Stolen Goods Receiving Unstmnped Tobaccos Removal of' Mortgaged Property Resisting an Officer

3 100.0 150 100.0
6 100.0 31 100.0
3 100.0

1

33.3

66

56.7

4

50.0

12

36.7

1

33.3

Rioting
Selling Mortgaged Property ShootiDg at Occupied Dwelling Stabbing Trespass

71 100.0 23 100.0 21 100.0 131 100.0 16 100.0

41

57.7

10

43.5

12

57.1

83

63.4

6

33.3

Using Auto without Owner' s Consent UsiDg Obscene Language Vagrancy Violation of Common School Law Violation of' Election Laws

32 100.0 118 100.0
50 100.0 11 100.0
6 100.0

14

43.6

61

51.7

29

58.0

4

36.4

2

33.3

Violation of' Professional Bondsmen's Act Violation of' Game Law
Violation of Highn;y Regulations Violation of' Motor Vehicle Law Violation of' Prohibition Law

5 60 8 135 1.444

100.0 100.0 100.0 100.0 100.0

2

40.0

- - 24

40.0

66

48.9

765

53.0

Violation of' Security License Law Violation of the Sabbath Violation of Timber Law Wite BeatiDg
Total V~sdemeauors

7 1 2 28 6.960

100.0 100.0 100.0 100.0 100.0

5
-1
15 3.720

71.4
- 100.0 53.6 53.4

- 60 -

Aoquittals
Number Perce:at 46 36.8 45 48.4 36 61.0,
236 52.7 2 20.0

17 10 21 266 14
-137 15 51 5

43.6 55.6 36.2 39.5 70.0
- 46.1
53.6 54.3 100.0

17 43.6

5 63.3

1 100.0

69

57.0

2 50.0

1 50.0

5 100.0

2 66.7

567 41.9

6

36.4

10 50.0 1 100.0 27 50.0 6 30.0 1 20.0

2 66.7
111 46.0 11 64.7 104 47.3 3 27.3

4 57.0 6 60.0 87 56.9 2 40.0 167 57.0

2 66.7 62 41.3 4 50.0 19 61.3 2 66.7

30 42.3 13 56.5
9 42.9 48 36.6 12 66.7

16 56.2 57 48.3 21 42.0
7 63.6 4 66.7

3 60.0 36 60.0
8 100.0
69 51.1 679 47.0

2

28.6

2 13 3.240

100.0 46.4 46.6

TABLe XXII - Convictions and Acqui~tals (Cont1d)

-"
CRIMES Assault with Intent to 1lurder Assault with Intent to Rape Assault with Intent to Rob Arson Bigllll\Y

Total

Number Peroent

2.468

100.0

203

100.0

103 100.0

113

100.0

29

100.0

Breaking and Entering Vehiole Bribery
Burgla1"'J Destroying House with Explosives Embezzlement

86 24
3.033 2
63

100.0 100.0 100.0 100.0 100.0

~braoory
Felony', blanket charge
Forgery Incest InvoluntaJ"'.{ J~anslaughter

2

100.0

60

100.0

275

100.0

8 100.0

122

100.0

Kidnapping larceny from Building
Larceny from Person
Larc.my of Automobile Larceny of: Farm Animals

41

100.0

562

100.0

37

100.0

845

100.0

167

100.0

Larceny Larcen;{ Ai'ter Trust
Kunufacturing Liquor Niscellaneous Felony lIurder

22 213 557
11 1.703

100.0 100.0 100.0 100.0 100.0

Obtaining Money under False Pretense Perjury Personating Another Poisoning Well Possessing Counterfeit Type

17

100.0

49

100.0

3

100.0

3

100.0

3

100.0

Possessing Burglary Tools Rape Reoeiving Stolen Goods Robbery Seduction

28 267
9 1.380
51

100.0 100.0 100.0 100.0 100.0

Shooting at Another Sodomy a~d Deastiality Violation of BarJdng RegUlations Voluntary !';enslaughter
"Wrecking Trains

272

100.0

22

100.0

4

100.0

18

100.0

3

100.0

Total Felonies

12,878

100.0

GRAND TOTAL

19,838

100.0

*Souroo, Minuto dockets of 57 Superior Courts.

Convictions

Number Percent

1.564 125

63.4 61.6

62

60.2

45

39.8

19

65.5

i\?
18 2.098
1 28

72.1 75.0 69.2 50.0 44.4

2 100.0

36

60.0

179

65.1

6

75.0

81

66.4

19

46.3

334

59.4

17

45.9

576

68.2

89

53.3

15 94 372 6 1.199

68.2 44.1 66.8 54.5 70.4

13

76.5

33

67.3

3

100.0

2

66.7

20

71.4

156

58.4

3

33.3

917

66.4

33

64.7

141

51.8

16

72.7

1

25.0

5

27.8

3

100.0

8.393

65.2

12.113

61.1

Acquittals"

m.miber PercelIt

904

36.6

78

38.4

41

39.8

68

60.2

10

34.5

24

27.9

6

25.0

935

30.8

1

50.0

35

55.6

0

24

40.0

96

34.9

2

25.0

41

33.6

22

53.7

228

40.6

20

54.1

269

31.8

78

46.7

7

31.8

119

55.9

185

33.2

5 45.5

504

29.6

4

23.5

16

32.7

3 100.0

1

33.3

8

28.6

111

41.6

6

66.7

463

33.6

18

35.3

131

48.2

6

27.3

3

75.0

13

72.2

,----"--

4.485

34.8

7.725

38.9

punish indiViduals for crimes which were never while others have taken it from the political

committed, or innumerable crimes are committed arena so that local interference no longer im-

for which the perpetrator is never punished. pedes its activity. With but few exceptions, the

Neither premise can be justified by any stretch Georgia solicitor general enjoys meagre facili-

of plausible theory.

ties to aid him in gathering evidence, has no

In order to remedy this sort of situation, assistants other than those paid from his own.

some states have seen fit to equip the prosecut- pocket, and is often hampered by haVing to re-

ing attorney's office with funds and personnel quest reelection at the hands of those whom he

adequate to gather the necessary ,evidence in has recently prosecuted. How much effect such

criminal cases. Other places have woven this facts have had on the effectiveness of the court

office closely in a state department of justice was not determined by the survey. Nevertheless,

so as to give the office greater efficiency, the preceding tables indicate clearly that con-

61 -

TABLE XXIII*

PERIOD BE!"IIEEN DOCKETING AND TltIAL

By Crimes

57 Superior Courts in Georgia

January 1. 1926 - December 31. 1935

__ c

Misdemeanors

CRIMES
AbendoI1Jl1ent Adultery and Fornioation Assault Assault and Battery Attempted Beastiality or Sodomy

Total
429 297
97 816
32

Less Than
1
138 111
47 249
7

r

~

MOUTlIS

3

69

12

to

to

to

to to to

2

3

6

- 9 - - 12

18

58

55

96

38 18 12

29

41

78

15 13

2

5

6

27

71

71

57

320

55 18 15

5

11

7

1

1

Bastardy Blaokmail and Extortion Breaking, Entering and Stealing Carrying Deadly Weapons Carrying on Lottery

62 41 148 2.129 301

16

5

5

24

73

13

6

9

6

34

66

25

16

37

21

1

657

318

260

676

104 37 32

153

67

34

38

41

Cheating and Swindling Cook E'ighting Cruelty to Children and Animals Disturbing Divine Worship Def8Jll8.tion of Virtuous Female

1,187 21 40
267 6

447

217

118

274

59 30 10

14

4

3

15

1

18

3

2

71

15

15

113

16 5 13

2

4

Escape Failure to P&y Occupational TOOt Firing Woods Gambling Hit and Run Driving

214

77

19

22

83

34

4

60

25

2

4

24

3

2

3

1

1

1

948

270

112

102

367

63 21

3

10

6

2

1

1

Interfering with Laborers Killing Farm Animals Libel Laroe~, simple Laroeny, attempted

9 5 3 3,995 49

3
1 1,164
25

2

4

5

2

308

573 1,554

210 63 55

1

8

14

1

Larce~ After Trust Malpraotice by Public Officer Malicious Mischief MailItalning Lewd House Maintaining Opium Joint

53

11

1

5

31

2

1

2

1

1

152

49

11

21

49

10

11

156

117

7

16

9

5

2

13

2

3

4

4

Mayhem Misdemeanor, blanket charge Misdemeanor, miscellaneous Obstructing Legal Process Operating Auto while Drunk

6

2

4

863

234

46

66

384

50 20 24

48

20

8

2

9

5

1

4

1

3

1,267

408

93

188

448

58 23 22

Operating Slot Maohine with Slugs

109

Peddling without Lioense

2

Peeping Tom

15

Performance of Pence Offlcor's Duty, illegally 28

Pointing Pistol at Another

257

36

30

6

29

32

1

1

4

1

1

9

12

4

5

4

11

76

32

14

99

17 5

4

Practicing Profession without Lioense Public Drunkenness Public Indecency Receiving Stolen Goods Receiving Unstamped Tobaocos

11 2,162
16 335
43

4

1

3

1

620

136

295

801

141 53 60

1

2

2

5

1

5

137

42

34

89

21 8

2

12

1

5

17

51

Removal of Mortgaged Property Resisting an Offioer Rioting Selling Mortgaged Property Shooting at Occupied Dwelling
Stabbing Trespass Using Auto 111thout Owner's Consem Using Obscene Language Vagrancy
Violation of Common School Law Violation of Election LllWs Violation of Professional Bondsmen's Aot Violation -of Geme Le.w Viola:l;ion of Highwtl Regulations
Violation of Motor Vehiole Law Violation of Prohibition Law

48 11 122 36 40
220 58
118 263 754
21 21
6 234
18
730 7,023

10 1
27 6
13
71 14 64 79 297
13 12
58 12
221 1,946

8

3

17

2

6

14

19

44

1

3

19

7

4

11

43

2

1

51

7

2

2

1

2

2

15

9

94

22 2

6

2

7

29

12

2

13

31

4

1

22

18

101

22 5

5

150

93

197

10 1

2

1

5

1

1

1

1

5

1

1

2

1

1

2

11

8

119

18 6

6

;1

1

2

1

69

84

272

31 12

6

523

881 2,685

482 205 135

18

to Over

24

24

10

3

5

4

6

25

2

8

37

2

2

5

27

1

3

16

2

4

6

11

57

2 1

4

35

3

7

20

1

2

1

4

6

1

1

12

44

1

1

2

1

1

5

1

1

1

1

;)

3

4

7

4

8 1

4

31

43

123

- 62 -

Table XXIII - Period Be't1reen DocketiDg and Trial (Conttd)

CRIMES
Violation ot Security License Law Violation ot the Sabbath Violation ot Timber La:tt
Wite BeatiDg
Total ldsdemeanors

Total
12 16 4 86

Less Than
1
1 3 1 27

MONTHS

1

2

3

69

12

18

to

to

to

to to to

to Over

2

3

6

9 12 18

24

24

3

2

4

2

3

1

7

1

1

3

9

14

30

2

1

1

2

2,530 3,170 9,453 1,523 578 463

130

506

Felonies

Assault 1il. th Intent to Murder Assault with Intent to Rape Assault with Intent to Rob Arson Bigamy

Breaking and EnteriDg Vehicle Bribery Burglary DestroyiDg House with Explosives Embeulemextl:

Embracery

FeloI!. blanke1:r oharge

Forgery

,

Incest

Involuntary Manslaughter

KidnappiDg
Larc~ from Building
Larc~ trom Person
LaroeIJ ot Automobile
LarceI! of Farm .An.i.mals

LarceIJ LarceI! A:f'I;er Trust li!anufacturiDg of liquor Mayhem
Misoellaneous FeloI!

Murder Obtaining Money Under False Pretense
Perjury PersonatiDg Another PoisoniDg Well

Possessing Counterfeit Type PossessiDg Burglary Tools Rape ReceiviDg Stolen Goods Robbery

Seduotion Shooting at Another Sodomy IUld BeaBtiality Violation of Banking Regulations Voluntary Manslaughter

Wrecking Trains

3,?91 280 192 144 ?5

1,060 77 87
45 21

503

594 1,192 205 94 68

17

58

48

42

94

8

6

2

3

39

28

28

5

31

1

11

17

40

13 14 1

3

9

10

23

6

32

1

347

148

37

58

94

3

34

36

10

6

5

7

4

31

8,718

3,613

1,124 1,451 2,150 187 57 51

11

74

5

3

1

1

131

23

13

26

42

14

43

1

5

4
150 1,526
17 164

1

2

1

33

1

4

97

8

14

1

1

661

209

242

322

49

6 11

7

19

9

4

3

1

21

34

36

44

15

54

5

5" 1,919
65 3,243
356

19 626 27
1,926 118

7

8

20

2

1

211

387

587

40 22 18

10

11

13

2

480

348

332

81 42 12

20

31

140

20 10 5

5

23

2

5

17

12

48

25

1

9

11

2

492

128

81

61

116

40 30 20

7

9

1,450

397

53

157

497 129 91 64

26

36

1

1

24

1

6

2

13

1

1

2,073 48 90 8 6

484

284

284

304 102 50 18

10

37

15

11

20

1

1

25

14

19

23

4

4

1

1

3

3

1

1

3

1

1

4 63 335 12 2,515
74 458
81 4
22

2 14 112
2 1,060
13 175
26
4

1

13

21

13

2

46

59

92

14

32

1

3

5

1

532

379

457

30 22 14

11

3

29

4

45

83

59

89

24 11 6

21

17

15

1

1

2

2

3

5

5

3

2

1

6

1

1

20

2

3

2

9

8

5

2

1

Total Felonies

3.922 4,396 7,428 1,021 494 316

104

341

GRA,',-n TOTAL

55,588

6,452 7,566 16.881 2.544 1,072 779

234

847

*Source: MiIlute docke1:s ot 57 SUperior Courts.

.1otioDS both on pleas ot guilty and Dot guilty had some relationsh1p to the l1kely ava1lab111ty ot ev1dence and commun1ty react10n to certa1n crimes. Th1s 16 further brought out by the prevalence of Bome types ot cases 1n certa1n

~ount1eB. (See Append1x E, Table 17.) For 1nstance, 1n a mounta1n county, there were no v10lat10ns of the proh1b1t10n law docketed, wh1le 1n some South Georg1a count1es, oruelty to an1mals was an 1mportant m1sdemeanor.

- 63 -

The solicitor general can but do his best, and it the Jury does not convict, no doubt some
c
other part ot the court is ~t tunctioning properly. The juries ot Georgia are composed 'ot Georgia citizens, and no ettort was made on this survey to attempt any analysis ot this phase ot court prooedure. Suttice it to say that when twelve good men and true have returned a verdict ot not guilty, adequate evidence tor conviotion was not presented.
The problem remains that approximately onehalt the cases dooketed in the Superior Court resulted in oonviotions. Some have suggested that innumerable delays and oontinuances acoount in part tor this low percentage ot convictions. No doubt, the fact that often cases are not triable when first dooketed has some bearing on this problem. In those oounties where the Superior Court meets only once in six months, this is more important than in those oounties where the oourt's sessions are more trequent. Despite the tact that the Superior Court does not sit as otten as the oity oourt, it has a reoord ot relatively rapid oase disposal. In taot, or those oases whioh are to be tried, approximately 97 percent are tried within 12 months atter being
brought and over a third are tried within JO
days atter being dooketed. For cases in the
oity oourt, a larger percentage is tried tmmedi ately upon being brou~ht, but when the longer
prooedure ot the Superior Court is taken into oonsideration, its reoord for rapidity of case

disposal is much better than generally supposed. The oases tried in each of several periods are shown in Table XXIII.
It the speed with which a crime is tried is a oriteria ot its seriousness in the eyes of the people, perhaps there are revisions whioh should be made regarding treatment of those convicted ot oertain orimes. Charges of maintenance of a lewd house were dealt with faster than any other orime. Of the felonies, larceny of an automob1le went to trial in almost 60 percent of the cases within a month after being brought, while the capital oftenses of murder, rape, and arson otten seem to have been delayed at least one term before trial. This is in contrast with the procedure in a sister state where the law provides for the convening of special venires so that such cases can be given as rapid a trial as is consistent with public policy. In further
contrast is the fact that of the 546 pending
murder cases (see Table XX) on the dockets of the courts studied, 286 had been there prior to the year, 1932.
The oounties selected for study by this survey are typical Georgia counties, and there is no doubt but that the Superior Court in the remaining counties of the State has the same problems as those discovered and presented in this ohapter. Eaoh of these problems is probably entwined with others not so apparent and the solution to one and all cannot be accomplished by an attaok upon a single phase of court procedure.

~

_64-

C haptq.r :mr
CRIMES AND SENTENCES

POWERS OF THE COURT: The trial of a case in the superior and city courts is completed when a verdict is rendered, and the defendant is immediately released from custody, if it is in his favor. If, on the other hand, the verdict has been "guilty" or a "plea of guilty" made, the offender is called before the bar to receive the formal award of the court's JUdgment - the penalty prOVided by law for the criminal act of which he was convicted.(l) Wide limits are allowed in such matters, with a maximum and a minimum sentence provided for each felony, and the punishment for a misdemeanor being a fine not to exceed $1,000, imprisonment not to exceed six months, work on the chain gang not to exceed twelve months, or a combination of any or all of these.(~) It is generally accepted that this latitude of discretion is given in order that the following factors may be taken into consideration: The circumstances surroUnding the accused at the time the act was committed; the potential injury within the specific act; the environment and intellect of the accused, his previous criminal record, if any, and the possibility of his reforming and becoming a good cltizenS~ His ability to pay a fine, the financial situation of the county, the capacity of its jails, the personal feelings of the judge, and public sentiment in the community, are not proper considerations in fiXing the penalty.
In determining the sentence of the accused, the JUdge, in felony cases, is assisted by the jury when one is sitting. This arm of the court can recommend mercy in a capital case and this recommendation must be fo11owed:~ For felonies punishable by terms shorter than life imprisonment, it sets the maximum and minimum sentence
Ul Sec. 27-2505 at sequi; Ga. Co~e 19~ (ll Secs. 2?-2502;27-25u6 Ga. Code 19~13. (3) 60 :>K 434. (4-1 Sees. 26-1005;27-2302 Ga. Code 1933.

within limits provided by law,<5) If, upon the
trial of the case I the fs.cts and evidence are such that the jury considers the crime to be of minor importance only, it may recommend that the defendant be given a misdemeanor sentence~") This does not serve as a mandate to the court, and the trial JUdge may disregard it entirely and sentence the defendant for a felony. Conversely, if the jury does not recommend that the offense be punished as a misdemeanor, the judge may impose such a sentence. This method of sentence reduction is applicable to all felonies other than those specifically excepted.- Again, the
jury may find the defendant innocent of the crime charged but gUi~ty of a lesser crime, the elements of which are covered in the indictment, in which case the accused receives the sentence provided for the lesser crime. For instance, the defendant may be indicted for seduction and be found guilty of adultery and fornication.(1) The former is a felony and draws a penitentiary sentence, while the latter is a misdemeanor.
After the pronouncement of a misdemeanor sentence, the accused may be placed on probation, or the sentence or a part of it may be suspended.~) These privileges are granted only after a careful investigation has been made to determine if it would be feasible to allow the offender to serve his sentence outside the jail or chain gang. MISDEMEANOR SENTENCES: A misdemeanor is a crime of lesser importance and, therefore, carries a
* AUTHOR'S NOTE: The following felonies cannot be reduced
tv crimes of misdemee.nor grade by the method cited above; Tree.son, insurrection, murder, =slaughter, ll.ssault with intent to rape, rape, sodoIlW, foeticide, me.yhem, buming railroad bridges, train wrecking, destroying, injuring or obstructing railroads, seduction, arson, false swearing, end subornation of perjury or false swearing. (9)
(5) Sec. 27-8502 ibid. (G) Sec. 27-2501 ibid. (1) 54 Ga. 389. (5) Secs.27-2'702; 27-2'706 Ga. Code 1933. ~) Sec. 27-2501 ibid.

- 65 -

Detention or Fine $10 or 15 days $10 or 1 month $10 or 2 months $10 or 3 months $10 or 4 months $10 or 6 months $10 or 10 months $10 or 12 months

$25 or 15 days $25 or 1 month $25 or 2 months $25 or 3 months $25 or 4 months $25 or 5 months $25 or 6 months $25 or 7 months $25 or 8 months $25 or 9 months $25 or 12 months

$50 or 1 month $50 or 2 months $50 or 3 months $50 or 4 months $50 or 5 months $50 or 6 months $50 or 7 months $50 or 8 months $50 or 9 months $50 or 12 months $50 or 18 months

$75 or 1 month $75 or 2 months $75 or 3 months $75 or 4 months $75 or 5 months $75 or 6 months $75 or 8 months $75 or 9 months $75 or 10 months $75 or 12 months

$100 or $100 or $100 or $100 or $100 or $100 or $100 or $100 or $100 or $100 or

1 month 2 months 3 months 4 months 5 months 6 months 8 months 9 months 10 months 12 months

$200 or 3 $200 or 4 $200 or 5 $200 or 6 $200 or 8 $200 or 9 $200 or 10 $200 or 12

months months
montl1s months months months months months

$300 or 6 $300 or 8 $300 or 9 $300 or 10 $300 or 12

months months months months months

$400 or 8 months $500 or 6 months $500 or 10 mouths $1000 or 6 months $1000 or 12 mouths
Sub Total

TABLE XXIV*

SEl>l'l:-iNCES FOR CONVICTIONS OF ASSAULT AND BATTERY 57 Superior and 29 City Courts in Georgia January 1, 1926 - December 31, 1935

Numher of Cases City Court Superior Court

Numher of Cases City Court Superior Court

8

-

1

1

1

1

12

6

1

2

7

1

2

1

Fine Only
$10 Fine $25 Fine $50 Fine $75 Fine $100 Fine
Sub Total

1

1

2

4

5

1

1

3

9

9

4

59

2

67

4

379

14

38 4

-16

49 1 4 3

--13
-

9

8

26

3

32

3

104

45

116

19

14

8

209 1

-53

4

3

5

2

21

18

1

3

1 2

--

9

4

8 2

-4

51

14

8

6

4

1

1

1

10

9

2 6

--

16 9

-1

2

1

38

11

15

5

3

4

20

10

Detention and Fine

$10 and 6 months

2

4

$10 and 12 months

1

1

$25 and 15 days

1

$25 and 1 month

1

$25 and 2 months

4

$25 and 3 months

24

2

$25 and 4 months

5

$25 and 6 months

26

2

$25 and 8 months

1

2

$25 and 12 months

28

9

$50 and 3 months

7

1

$50 and 4 months

12

1

$50 and 6 months

28

13

$50 and 8 months

2

4

$50 and 9 months

3

$50 and 12 months

14

15

$75 and 1 month

1

$75 and 4 months

1

1

$75 and 6 months

8

7

$75 and 8 months

1

$75 and 9 months

1

$75 and 12 months

4

4

$100 and 4 months

1

$100 and 5 months

1

$100 and 6 months

3

1

$100 and 8 months

3

2

$100 and 10 months

1

$100 and 12 months

11

6

$200 and 6 months

1

1

$200 and 8 months

2

2

$200 and 12 months

2

2

$1000 and 12 months

1

2

Sub Total

201

82

2 3 2

-1-

10

2

1

1

1

2

1

1

14

8

6 1 1 1

---2

7

8

1 2 1 1

----

1

1

1,450

318

Detention Only

Ho Fine 15 days

9

No Fine 1 month

32

1

No Fine 2 months

27

4

No Fine 3 months

227

8

No Fine 4 months

95

4

No Fine 5 months

5

3

No Fine 6 months

417

32

No Fine 7 months

4

No Fine 8 months

42

4

No Fine 9 months

16

1

No Fine 10 months

23

2

No Fine 12 months

356

101

No Fine 18 months

6

11

Sub Total

1,259

171

GRAlID TOTAL

2,919

580

* Source: Minute dockets, Superior and City Courts

- 66 -

relativelY~ight sentence set by the judge in the discretion granted him under the law. In the city and superior courts, thirty crimes were studied as to the different sentenoes imposed, and little uniformity of penalties was disoover-

Sentenoes for other misdemeanors varied as widely as did those for assault and battery. For some orimes there was a different sentenoe
imposed for every 4.6 cases. Table XXV lists
the ratio of different sentences imposed to the

TABLE XXV*

CRIMES

TOTAL CONVICTIONS III RELATION TO THE DIFFERENT TYPE SENTENCES By Crimes
30 Misdemeanors in 29 City Courts in Georgia January 1. 1926 - December 31. 1935

Total Cases Studied

Number of Different Sentences Imposed

Ablmdomnent

1,703

54

Adultery and Fornication

1,924

80

Assault and Battery

2,919

118

Bastardy

586

37

Breaking and Entering Building

329

45

Carrying Deadly Weapons Carrying on Lottery Cheating and Swindling Disturbing Divine Worship Escaping

4,677

126

1,959

65

1,981

105

281

47

485

39

Gambling

3,316

84

Larcell1f. silllple

15,749

134

Larcell1f After Trust

587

70

Lewdness or Public Indecency

160

34

tIaintaining Lewd House

135

39

Malicious Mischief

446

56

l.:isdemeanor

l61

74

Operating Auto while Drunk

5,693

121

Public Drunkenness

5,526

110

Receiving Stolen Goods

209

48

Receiving Unstamped Tobaccos

639

44

Stabbing

1,450

BB

Trespass

165

38

Using Auto without Owner's Consent

291

63

Using Obscene Language

112

29

Vagrancy

3,850

69

Violation of Game Law

684

48

Violation of l:otor Vehicle Law

2,B31

103

Violation of Prohibition Law

30,795

143

'iiife J3e~tiIll;

694

56

*Source: Minute dockets of the City Courts.

Ratio of Sentences to Cases
:$1.5 24.1 24.7 15.8
7.3
37.1 30.1 18.9
6.0 12.4
39.5 117.6
8.4 4.7 3.5
8.0 10.3 47.0 50.2
4.4
14.5 16.5
4.3 4.6 3.9
55.8 14.3 27.5 215.3 12.4

ed among them. The sentences imposed for aban- city court cases studied.

donment, for example, varied from a $10 fine or

When setting the punishment for a misdemean-

15 days in jail to 12 months at hard labor on or, the jUdge may require that the offender pay

the chain gang and 6 months in jail. Likewise, a fine or serve a detention sentence (Jailor

persons convicted of disturbing divine worship were given sentences as small as 1 month in jail

hard labor), or pay a fine and serve a detention sentence. Table XXVI shows the types of mis-

or fines of $10, or as ~reat as 12 months in jail. For 3,499 convictions of assault and bat-

demeanor sentences imposed by the superior and city courts for the crimes studied.

tery, a misdemeanor of.minor import, 118 variations in sentences were made. The full extent of these, as well as the number of cases receiving such sentences, is detailed in Table XXIV.

There is little relationship between the several courts in the types of sentence imposed, either in total or for individual crimes. Some jUdges lean toward the detention sentenoes,

- 67 -

which include hard labor on the chain gang, as tenoe in Georgia. A man may be given a $10 tine

well as contineme~t in the county jail, and

others appear to prefer imposing a fine, while

a combination fine with detention is a frequent

practioe. When this last named practice ocTABLE XXVI.

TOTAL CONVICTIONS IN RELATION TO THE DIFFERENT TYPE SENTENCES
By Types 30 Misdemeanors in 57 Superior
and 29 City Courts in Georgia January 1, 1926 - December 31, 1935

Type of Case

SuperIor Court City Court Number Peroent Number Percent

Fine Only

532 2.4

Fine or Detention 11,576 517

Fine and Detention 3,093 13.8

Detention Only

7,193 32.1

301 48,511

3 533

10,090 11.8

31 ,435 34.6

TOTAL

22,394 100.0 90,937 100.0

* Source: Minute dockets of the courts.

ours, often a detention sentenoe will be suspended upon the payment of the fine or the offender allowed to serve the detention sentenoe on probation.
TABLE XXVII. FINE AND ALTERNATIVE FINE-DETENTION SENTENCES
By Fine Imposed 30 Misdemeanors in 57 Superior and 29 City Courts in Georgia January 1, 1926 - December 31, 1935

or a detention sentence of 15 days, or he may receive a sentence ot 12 months at hard labor and 6 months in jail along with an alternative sentence ot a $10 tine. Table XXIX lists the alternative sentences imposed for the crimes studied by amount of fine and length of detention or hard labor.

TABLE XXVIII.

DETENTION SENTENCES By Length of Detention 30 Misdemeanors in 57 Superior and 29 City Courts in Georgia January I, 1926 - December 31, 1935

Superior Court City Court Sentence by Months Number Percent Number Percent

15 days 1 month 2 months
~ months months
~ months months
7 mOnths 8 months 9 months 10 months 12 months lS months

-
l~*
500 242
44 1, 163
30 100
~
4,101 539

-
1.4
1.7
70 3.4
.6 16.2
.5 2.2 1.4 1.2 57.0 7.4

20g
2,429 778
4-,490 2,701 8,0179~
87 1,594
315 9, ~5941
119

.7 7.7 25 14.2 g.6
.6
257 3
5.1 1.0
25 30 . 7
.4

TOTAL

7,193 100.0

31,4-35 100.0

*Source: Minute dookets of the oourts.

Superior Court City Court Amount of Fine Number Percent Number Percent

10 or Less 11 - 25 26 - 50 51 - 75 76 - 100 101 - 200 201 - ~OO ~Ol - 00
01 - 500 501 - 800 gOl - 1,000

559 2,165 6,262 1,165
*9717 182
48 40
8
11

4.6 179 51.7
9.6 8.1 5.7 1.5 .4
.31 .1

2,946 20,5451 16,340
33,, ~77~ 1,254
457 112 169
43 87

6.0 42.1 3~..55
7.5 2.0
.9 .2 .4 .1 .2

TOTAL

12,108 100.0 48,812 100.0

Source: Minute dockets of the courts.

The value of convict labor is 50 per day in some places. If this were true for Georgia as a whole, where the $10 fines were assessed. those given the longer sentences were far more valuable to the county from the standpoint of labor than those given shorter sentences. It is possible that the lack of fixed relationship between fine and detention has worked an unnecessary hardship on prisoners. Not only is there no fixed relationship between the amount of fine

and the length of detention, but there also There is a set relationship between the seems to be little regularity in the amount of amount of fine and the alternative jail term in the tine sentenoe imposed. This is well brought some states. In other words, the defendant is out by the wide variation in the amount ot the given a choice ot paying the tine or working out tine and the length ot detention, as shown for his tine at a specitic rate per day on the coun- any particular crime. Fifty-one and seven-tenths ty roads or other pUblic works. Little or no percent ot the superior court cases carrying relationship appears to exist between the amount tine or alternative fine-detention sentence had ot the tine and its alternative detention sen- the fine set at $50. In the city court, $25
- 68 -

was tne more. prevalent amount. 'l'able XXVII lists the number of cas~!!:.c .reGeiving fines for the various amounts. It seems strange when one considers the amount of the costs, that these fines are often so small, particularly when the sentences rarely carry requirements that the defendant pay the cost in addition to the fine.

made to differentiate between sentences carrYlng hard labor and those carrying confinement. The policy of the court in imposing hard labor on the chain gang, labor on the State Farm, or confinement in the county jail was determined by the physical fitness of the defendant to do hard labor, and also by the custom current in that

TABLE XXIX*

AJTERNATIVE FINE-DETr:J:TION SEITTENCES By Fine Imposed
SO 1Jisdemeanors in 57 Superior and 29 City Courts in Georgia Janua~J 1. 1926 - December 31. 1935
Humber cf Cases

CITY COURT

l'ILE

15

1

TOTl.1, PERCElIT Days Mo. Eo.

3

4

5

!.:o. Mo. Mo.

6

7

Mo. Mo.

8

9 10

Mo. Mo. Mo.

.~ 10 $ 25
$ 50 .~ 75 $ 100 $ 200
S 300
$ 400 to 500 ~; 600 $ 800
$1000

2,870 20,451 16,276
3,151 3,654 1,244
454 112 169
6 37 87

5.' 42.1 33.6
6.5 7.b 2.6
.9 .2 .4
.1 .2

458 1,280 186

401 148

3

270

1 16

8

124 4,701 1,448 10,362 1,204 90 1,864 19

95 59 34

964 1,118 3,071 4,679 431 5.026 42 169 109 64

74

77

210 381 34 1,434 40 354 158 77

116 144

484 251 77 1,044

8 568 76 108

12

12

85

51 17

313 11 178

9 161

5

10

33

30

3

104

1

26 42

3

3

13

1 93

1

2

78

10

1

1

10

7

9

TUi'AL 48,511 PERCENT

100.0

582 7,15~ 2,995 14,646 6,756 655 10,166 121 1,393 562 465

1.2 14.7 6.2

30.1 13.9 1.4

21.0 .2 2.8 1.2 1.0

SUPERIOR COURT

$ 10 $ 25
~ 50 ~ 75
*$ 100 200 $300
$ 400
i 500
~ 600 $: 800
$1000

534 2,096
5,936 1,105
938 679 181
48 40
2 6 11

4.6 18.1 51.2
8.1 6.0 1.6
.4
.1 .1

36

46

327

58

2

38

5

6

88 128

665 204 19

681

1

12

3 24

'l7 142 1,685 910 252 1,997 29 124 36 21

1

31

66 22

470 32

81 41 40

2

25

7

7

232 13

41 18 33

1

5

2

65

3

33 28

9

1

1

1

18

5

3

3

6

1

1

1

1

4

1

TOT.P.1, 11,576
PERCENT

100.0

155 319 2,745 1,248 302 3,507 78 298 134 136

23.7 10.8

30.2 .7 2.6 1.2 1.2

* Source: 15inute docket.s of City and Superior Courts.

11

12 18

Mo. 110. Mo.

97 2 451 11 579 13 309 3 42 725 11 21 373 1 195 2
2 78 4 27 71

74 2.911 32 .2 6.0 .1

10

6

241 30

645 68

314

7

533 27

497 36

135 14

36 4

33

1

2

5

10

- 2,461 193 21.2

Detention sentences imposed vary as widely as fines. In the Superior Court "twelve months" is the detention given in a majority of cases. This sentence was also usual in the city court, although "six months" was given almost as often as "twelve. II Table XXXVIII lists the number of

county for the utilization of conVict labor. Some counties in recent years have found it expedient to utilize the services of the State Farm in the care of misdemeanor convicts rather. than attempt the maintenance of a county chain gang.

cases receiving a detention sentence in the city and superior courts together with the length of detention imposed.
For the purpose of this stUdy, no effort was

It is the privilege of the court when it deems it to be for the best interest of the State to combine fine and detention into one sentence. The combinations made by the Superior

- 69 -

and City Courts ~~r~isdemeanor cases present a strange pattern. Fines of $10 were attached to sentences up to twelve months at hard labor and six months tn jail. Since a $10 fine is usually insurfioient to pay all the accrued costs in misdemeanor cases, one wonders what good purpose

than a misdemeanor and carries a heavier penalty. Crimes of this class have several grades and each has a punishment set by statute according to its seriousness in the jUdgment of the General Assembly. A few of them carry the utmost penalty which can be exacted under the Constitu-

TABLE:xn:*
FINJ: AND DETENTION SENTENCES
By Amoun\; ot Fine aDd Length ot !Je'tention 30 J,lisdEllllflllIlOrs in 57 Superior aDd 29 City Courts

FINE
1 10
$ 25
50 110705 .200
I.430000
1500
600 $1080000
TOTAL PERCENT

Total
183 1,941 3,539
645 2,499 1,308
'370 6
125
40 34
10,690

Percent
1.7 18.1 33.1
6.0 23.4 12.2 3.5
.1 1.2
.4 .3
100.0

15 Days
3 4 1
8 .1

CITY C01JRT

1

2

3

4

5

:Mo. :Mo. :Mo. Mo. lilo.

6

7

8

9

10

Mo. )10'.

Mo. Mo.

lIlo.

12 18
Mo. 110.

19

17

32

22

..

33

2

55

41

48 364 141

..

638

20 60 26 586 13

6 36 128 280 12 1,950 3 113 11

9 991

3

2 22

5 3 176

159 4

8 260 2

19

6

9

1

168

1 676

.. 262 1,348

9

19

1 .. 156

8

9, 173

938

4

2

..

4 11

350 3

51

1

-

-

1

1

.. 122

40

33

1

69 122 572 460 16 3,126 15 976 85 480 4.728 33 .(l 1.1 5.4 4.3 .2 29.2 .2 9.1 .8 4.5 44.2 .3

1 10
25 50 75 $210000 1300 $ 400 $500 $ 600 $800 $1000

166 377 1,196
438 497 262
72 27 33
5
8 12

5.4 12.4 38.4 14.1 16.0
8.4 2.4 1.0
1.0 .2 .3 .4

SUPERIOR COURT

12

4

9

8

1

7 50 13

83

32

5

4

73

40 15

300

1

95 29

7

4

95

1

33

3

2

5

3

77

4

59

1

1

2

11

10 2

2

1

1

3

1

3

1

3

1

TOTAL

3,093

..

19

18 -145

62 18

583

6 148 46

PERCENT

100.0

.6.6 4.7 2.0 .6 18.8 .2 4.8 1.5

Source: llinute dockets of the City aDd Superior Courts.

1 107 24

186 33

2 569 63

5 274 16

4 314 74

1

140 94

46 18

13 11

23

5

5

8

5

7

13 1,690 3~5 .4 54.6 11.2

can be served by the attachment of such a small tion of the state and Nation, while others carry

tine to such a long detention sentence. Table only relatively short detention sentences to be

XXX lists the number of misdemeanor cases in served in the penitentiary. At one time it was

the c1ty an4 superior courts rece1ving tines and thought that nearly all crimes were sufficiently

detent10n sentences by amount ot tine and the heinous to be worthy ot death, and the early

length ot detention. Almost one-half ot these Georgia colonists could rec1te a long list for

cases in the c~.y court and more than one-half which this penalty was exacted. This has now

ot them in the Superior Court received detention been changed and only seven cr1mes (treason,

sentences ot twelve months or longer, regardless insurrection, murder, foeticide, rape, arson,

of the amount of fine attached to the sentence.

and castration) may carry this heavy penalty.

FELONY SENTENCES: From the standpoint of wrong Convict1on after such a charge does not always

done, a felony 1s a much more serious offense mean that the maximum sentence will be imposed,

.. 70 ..

sinoe the statutes allow for several punishment degrees for eaech crime and,-' f or the court to be merciful in its actions. As a result, John Doe,

tor some, penitentiary sentences were received
in over 75 percent of the cases. The exemplary
effect of the swift, sure and v1gorous punish-

charged with murder, might be convicted of that ment of criminals is supposed to be a crime de-

charge and sentenced to electrocution, or he may terrent. If this is true, it is likely that the

be found guilty of involuntary manslaughter and effect is minimized for Georgia by the great

receive a sentence of a small fine. This variety variety of punishments imposed for the same

of treatment which each felony may reoeive ao- crime. Another theory regarding the penalties

counts for the fact that of 2~,50~ felony oon- exacted for infractions of the law is that a

victions studied, 12,022 of them oarried misde- person found guilty owes a debt to society and

meanor sentences. (See Appendix F, Table 21, for pays it by incarceration or the payment of a

the punishment called for in felony convic- tine. If this be true, then the inconsistencies

tions. )

in the treatment given those convicted of the

To many people, murder is the most grievous same and various crimes operate to nullify the

of all orimes, and under the law, after conviction on such a charge, sentences of life im-

efficacy of that theory. Prior to the passage of the present la~l~llowing the punishment for

prisonment nr electrocution are given. When the felonies to be set by the jury, the jUdge of the

evidence indicates that the defendant did not commit the crime charged, the jury may find him

Superior Court set the punishment for each case aooording to the law affeoting i t .<~) The punish-

guilty of a lesser crime, and this see~s to have ments set under this system varied widely for

been done in a large percentage of the oases eaoh orime, and the ohange in the law was ex-

where the indictment was for murder, since out pected to ourb this tendency. Evidently, the

of 1569 convictions, only about one-halt ot them jury in the exercise of its present prerogatives

received sentences of life imprisonment or elec- is not able to bring about the desired uniform-

trooution. For people in the South, rape oar- ity of punishment.

ries most ot the horrors of murder, and the su- PROBATION AND SUSPENSION SEKTENCES: For many

preme penalty is usually thought too light for a years no provision was made in the law for the

person so convicted. Under the law, however, the Judge to suspend the sentence of an accused. A

punishment varies from that of a misdemeanor to recent enaotment of the General Assembly gives

electrocution, and all types of intermediate the judge this privilege in misdemeanor cases or

sentences were represented in the charges stud- felony cases in which a misdemeanor sentence is

ied, with the death penalty oalled for in only given. (3) In suspending a sentence, the court does

seven cases out of 22~. Considering the large not hold an indefinite threat over the head of

number of murder and rape charges and the small the offender. At the end of the sentence

percentage of sentences indicating the commis- period, both the sentence and the threat come to

sion of these crimes, it may be worthy of note an end automatically if the oonduct of the de-

that the fee allowed for the prosecution of a fendant has been good. On the other hand, if

capital offense is $50, whereas that for other the offender is arrested on another oharge, sus-

felonies 19 $25.

pension may be revoked, but even in such cases,

Punishment for other felonies varied almost at the end of 12 months from the date set for

as widely as for the two crimes discussed. In the beginning of the suspended sentenoe, the of-

some of them the peroentage receiving misdemean-
or sentences was 75 percent. On the other hand,

(l)p. 387. Acts of 1919. (ZlSecs. 1062;1063 Code 1910. P. C. (~Sec. 22-2701 Ga. Code 1933.

- 71 -

TABLE XXXI*
PROBATION AND SUSPENSION SENTENCES IN RELATION TO THE TOTAL SENTENCES IMPOSI1D City and Superior Courts of 57 Georgia Counties
--0 January 1. 1926 - December :31. 1935

County

City Courts

Misdemeanor Cases

Sentences

Probated and Suspended

Total

Number

peroem

Superior Courts

Misdemeanor Cases

Semences

Probated and Suspended

Total

Number

Peroent

Felony Cases Given Misdemeanor

Sentences

Probated and Suspended

Total

Number Peroent

Appling Atkinson
Bacon Banks Baker

366 **

54
-

-14.8

88 131

42 30

121
** **

-53
-

--43.8

38 45
221

12 1 77

Ben Hill Berrien Bibb

.

.*'"*
4,860

--
1,195

--

994 403

24.6

284

419 128
43

Brantley

221

50

22.6

149

39

Bullooh

1,449

172

11.9

372

118

47.7

16

22.9

31

31.6

34

2.2

28

34.8

80

42.2

179

31.8

98

15.1

346

26.2

37

31.7

~03

7

43.8

9

29.0

9

26.5

2

7.2

39

48.8

83

46.4

20

20.4

87

25.1

2

5.4

39

19.2

Burke Calhoun Camden
Carroll Chatham

1.232
*'" *'" 1.686 5,582

-402
-

--32.6

36 265
99

329

19.5

30

361

6.5

70

20

55.6

139

90

34.0

69

-34

-34.3

31 64

14

20.0

352

69

49.6

6

8.7

8

25.8

12

18.8

20

5.7

Chattooga

247

45

18.2

659

167

Clarke Clay Clinch Cobb

1.092 118
"'''' "''''

--255 -

--23.4
-

212 119 143 3,871

23 14 26 304

25.3

105

10.8

76

11.8

15

18.2

38

7.9

230

44

41.9

25

32.9

2

13.3

5

13.2

34

14.8

Coffee
Coweta Crisp Dawson DeKalb

825 2.268
"'*
5.46"'9'''

78
7-7-
1,173

9.5
--3.4
21.4

52
44
1.270 197 137

-5 -337
44

-9.6

46 122

-26.5

206 31

32.1

295

9

19.6

4

3.3

-58

-28.2

223

75.6

Dodge Dougherty Eoho1s Floyd Fulton
Gilmer Glynn Greene Habersham Heard
Houston Jeff Davis Jenkins Liberty Lowndes

1.611 1.648
2.29"'9'''
45.452
"'* 1.175
** ** **
** ** 914 209 1,435

201
-125
516 7,342
-
21---4 --61
299

12.5
-7.6
22.4 16.2
---18.2 --
-6.7
20.8

75 253
5 1.238 3,182
244 66 381 636 180
592 223 163
27 130

14
-86
499 1.241
61 16
-91
14
61 101
12 2
33

18.7
-34.0
40.3 39.0
25.0 24.2
-23 .9
7.8
10.3 45.3
7.4 7.4 25.4

141 368
3 287 4,563
103 128 109 172
64
160 43
111 40 82

28
-70
92 2.074
37 31
-28 9
21 15 16
2 27

19.9
-19.0
32.1 45.5
35.9 24.2
-25.7
14.1
13.1 34.9 14.4
5.0 32.9

MoIntosh

142

15

10.6

131

6

Madison

755

45

6.0

10

4

Meriwether

535

222

41.5

73

6

Mitchell

1,110

167

15.0

150

48

Muscogee

5.763

825

14.3

1.474

721

4.6

16

40.0

25

-3

8.2

66

15

32.0

63

11

48.9

845

268

Peach Randolph

** **

--

--

603 688

76 337

Riohmond Taliaferro Taylor

1.943
** **

--788

--40.6

41 131 276

15
13 51

12.6

78

18

49.0

116

34

36.6

681

321

9.9

20

5

18 .5

71

14

Telfair Tift Troup Upson Ware

** ** 1,414
** ***

--

--

465 425

146 43

--85

--6.0

60 680
65

2 19 11

31.4

105

10.1

95

3.3

175

2.8

122

16.9

117

21
11 20
6 24

Wheeler Wilkes

** **

--

--

388 328

87 85

22.4

54

25.9

148

11 46

TOTAL

91,941

15,149

16.5 23,312

5.888
-

-
25.3

12,042 **** 4,094

*Source: fuinute dockets. Superior and City Courts. **No city oourts in operation. ***City court not studied.

****6 felonies involving 20 cases included in this table are not included in figures on page 71.

-18.8
22.7 17.5 31.7
23.1 29.3 47.1 25.0 19.7
20.0 11.6 11.4
4.9 20.5
20.4 31.1
34.0

- 72 -

fender has g~~p~eted that sentence. In practice*, impose maximum penalties for offenders whose

the difference .between p~~9ing the offender on previous records indicate that they have not

probation and giving him a suspended sentence taken advantage of opportunities to reform~

consists in the fact that a person on probation It is expected, when a verdict of gUilty has

must report at stated intervals to the probation been received or a plea of guilty made, that the

officer of the court in which he was sentenced. In Georgia, probation officers hold their commission through special appointment by the Judge of the court, and mayor may not be fUll-time officers, skilled or experienced in the task be-

TABLE XXXII* RECIDIVIST CASES In Five Georgia Counties January I, 1926 - December 31, 1935

Total Cases ~tal Recidivist Cases

County Reviewed

Number

Percent

fore them. In some courts, it is customary to appoint the sheriff as probation officer, and this buey official, unless he has specially ap-

Clarke Crisp Floyd Jenkins Troup

732
53g 6,910 2,203 3,11g

pointed deputies in his office, finds probation

TOTAL

l,g52

cases Just another duty on a long list of some- *Source: Dockets of the City and Superior Courts

times very pressing ones. Some of the larger counties have a separate department for the care of probation cases, and it is likely that probation in such counties means considerably more, both in the welfare of the county and in the life of the individual under such care, than it does in those counties where there are only casual officers. Table XXXI lists the probation and suspension sentences granted by the city and superior courts studied.
The value of probation and suspended sentences to the body politic is measured in the reform and good citizenship of former offenders. To the individual the value consists in a new lease on life and a chance to rebuild his respect in the community in which he lives. In some counties probation and suspended sentences have been revoked at frequent intervals by the court authorities, while in other counties, it is rare that such action is taken. Often, however, no record is made by the court of its actions in such matters, and the complete value of suspension and probation to society and to its indiviuual citizens could not be ascertained. REDICIVISM: In contrast to the action of the court in suspending the sentences or placing the offender on probation, the courts of Georgia may
" AUTHOR'S NOTE: Under the law. suspended and probated cases are idGntico.l.

solicitor-general will inform the court of the offender's criminal history. This task, if carried out in minute detail, would entail more satisfactory criminal records than are now provided the solicitor-general. In order for him to keep a complete record of each criminal, it would be necessary to have an index file giving full details of pertinent circumstances, connected with each criminal's life. This would allow the SOlicitor-general to present the court with fair and accurate information regarding the offender's life. At the present time, the sole record which most solicitors have ie the minute docket of the superior court. Often this record contains such a paucity of detail that any recommendation Which might be made is likely to be biased and not entirely correct. Much criticism has been raised regarding light sentences, probation and suspension, as well as the privilege of the chief executive in pardoning and paroling persons sentenced to the state penitentiary. The answer to such criticism rests partially in the number of recidivists before the courts. spot studies were made in five counties with a view toward determining the persons constantly before the superior and city courts. It is likely that the information gathered on these is not entirely acourate, but

- 7"3 -

it serTes as an indioator ot this phase ot the court's business. Table XXXII lists the sample secured trom each county, afong with the percentage ot recidivism' indicated by the sample.
It the sentence given serves as a deterrent for turther crime, the percentage ot recidivism in the court should be very small. On the other hand, large percentages of recidivism indicate that the court and other attendant teatures of government are likely not solving the orime problems ot the looality. In theory, the individual starts his criminal career by doing petty thing8 of a questionable nature and gradually grows into a hardened criminal. This theory explodes of its own weight when the criminal histories of the reoidivists uncovered by this study are shown. Many ot them started their oareers betore the courts with orimes of major importanoe and ended their oareers with suoh nuisanoe orimes as cheating and swindling and simple laroeny. On the other hand, there are criminals whose oareers rise to a great peak and end their days lerving long terms in the state penitentiary. (See Appendix F tor typioal oasel.) BAUKES LAW: Some years ago New York State attempted to solve its problem ot recidivism by passing the Baumes Law, whioh, among other things, reqUired the JUdge to sentence tour-time felony offenders to life imprisonment. The theory behind this aot is that the man so oonvicted does not reoeive punishment but that sooiety reoeives proteotion. Theoretioal1y, the man who has been oonvioted two or three times and served his sentenoe and then resumes a oriminal oareer oannot learn his lesson and is inourable and non-retormable. In the eyes of some, he is anti-sooia1, a habitual oriminal, and a menaoe to sooiety, and should be segregated for the good of sooiety and tor his own good as well. The law operated as to11ows:
1. After arrest upon a felony oharge, the fingerprints of the aooused were oompared with those on reoord. If he

wal found to have a orimina1 rSQord, thil tact was su~itted to the trial Judge betore bail was allowed. It a previous oonviotion upon a felony oharge was shown, bail was allowed only atter the oase had been reviewed by an appellate oourt. 2. One oommitting robbery faoed from 15 years to life imprisonment instead ot two years minimum and 20 years maximum.
3. For burglary in the first degree,
the sentence wasinoreased trom 10 to 15 years; tor seoond degree, to 10 to 15 years, and for third degree, trom five to ten years. ~. Persons oonvioted of crime were no longer allowed to be released atter serving little more than halt their sentence, but must serve at least tivesixths ot their term. 5. It a person armed with a pistol, or other deadly weapon, committed a felony, punishment in addition to that tor the orime was added as follows: For the tirst offense, from tive to ten years; tor the second, trom 10 to 15 years; tor the third, trom 15 to 25 years; and for the tourth, life imprisonment. Suoh persons were oonsidered potential murderers and were denied the privi1eg~s of probation and suspension ot sentenoe.
6. If a man were oonvioted of four fel-
onies, he was sentenced to prison tor life. This was mandatory, and required oonfinement for the prisoner's natural life. Whether or not this partiou1ar law was ever given an adequate sooial test is problematical. It has remained on the statute books for sometime, but has been changed b.Y reoent legislation in that State so that its provisions are not now so harsh as they were originally. Sooial minded individuals have heralded the law both as a boon and as a ourse - whioh it is, is yet to be proved. There are, however, some advantages in the provisions which demand that the second, third, and fourth time offender be given more stringent punishment than tor a first offense. The provision on Georgia statute books allowing the previous criminal reoord of an individual to be oonsidered by the oourt in passing sentenoe is in part a type ot Baumes Law. Before, however, the oourts oan make adequate use of the existing provisions, the reoord system must be designed so that the ~ourt will have accurate information on which to sentence the prisoner at the bar.

- 7'" -

ChaptlZr JmI
THE ApPELLATE (OURTS

When a defendant has been sentenced and is

dissatisfied with the proceedings of the trial

court, he may have them reviewed by a court of

competent jurisdiction. In Georgia, provision

is made for a direct appeal to the Supreme Court

in cases of conviction of capital felony; for

review by the Court of Appeals in other cases;

and for certiorari to the superior courts for cases arising in inferior tribunals ~') The Supreme

Court, as the capstone of the State1s jUdicial

system, has final review on jurisdictional ques-

tions and its decisions are binding on all other

courts. (~)

It gained its present status by the Constitution of lS77 13J and sUbsequent amendments thereto;~ which were the last of a series of changes

which had taken place since the establishment of the court in 19l.j.5.l51 A supreme court was not a

part of the original jUdiciary, because those

who framed the first Georgia Constitution felt

that such a court would enshackle the State with
(<oj
the dilatory procedure then current in England.

As need for an appellate court developed, a con-

vention of superior court jUdges,

(7)
first by law,

and then by consent;! acted as a tribunal for

the correction of errors. When the Supreme

Court was finally established, an effort was

made to curb dilatory procedure by the constitu-

tional requirement that unless a decision was

rendered on a case within a specified time, the

findings of the lower court were automatically affirmed. (9)

In order to keep pace with an ever inereas-
(') Seos. 2,.3005; 2-3205 Ga. Code 1933. f1J Seo. 2-3009 ibid.
(3) Seo. 2, Art. VI, Constitution of 1877. (~ p. 15, Aots of 1895; p. 24. Aots of 1916. (5) p. 18. Aots of 1845.
(t "History of the Establislunent of the Supreme Court of Georgia." by Joseph R. Lamar, 24 Georgia Bar Assooiation Reports, 85 - 1907.
(~p. 308, "Digest of the Laws of Georgia," Marbury & Craw-
ford, 1802.
(8) p. 47, "Journal of the House of Representatives," 1815. (9) Sec. 2-3006 Ga. Code 1933.

ing volume of business, the number of justices were increased from time to time. By the turn
of the century, however, it became evident that this method of clearing a crowded docket would
not be a permanent remedy, and the Court of Ap-
peals, created by constitutional amendment in 1906, was thought to be the simplest means of
keeping pace with the multiplying appeals.
Both the Supreme Court and the Court of Appeals have six elected judges,(IO) each receiving
the same salary,(l1) referred to as "Justices" in
the Supreme Court and "Judges" in the Court of Appeals.ll'll The Chief Justice of the Supreme Court is selected by the people ,(13) and the correspond-
ing officer in the Court of Appeals by members of the court.(I4) It is interesting to note that,
unlike the highest tribunal of many states, the
Supreme Court of Georgia does not make rules for all the courts in the State ,(15) but each court
- Supreme Court, Court of Appeals, Superior Court - makes its own rules.(I<) Also, in Georgia,
each of the two high courts regulates the anmission of attorneys to its bar,cl7)
The Supreme Court has the power in the exercise of its appellate jurisdiction to hear and
determine all cases that may properly come be-
fore it, and to grant judgments of affirmance or reversal or any other order or direction!'6) The
criminal jurisdiction of the Supreme Court is defined in the Constitution as being "a court alone for the trial and correction of errors .
(19)
in all cases of conviction of a capital felony.'; Writs of error are allowed from Superior Court
Oo)Secs. 2-3008; 2-3009 ibid: p. 56, Aots of 1906. (1) Seo. 2-4001 Ga. Code 1933. (I21Seos. 2-3001; 2-3009 ibid. (IJISec. 2-3008 ibid. (14)Secs. 2-3009; 24-3501 ibid. (15) 1"5 Corpus Juris 904. (IG Supreme Court: Seo. 24-3901; Court of Appeals: Secs. 24-
3901;2-3009; Superior Court: Sec. 24-2628 Ga. Code 1933. (11) Secs. 24-3601; 24-4501 ibid. (161 Seo. 24-3901 ibid.
091 Sec. 2-3005 ibid.

- 75 -

and "oonstitutional" oity oourts on oase8 in-

- . __ - -

(Il

volving a oonstltut~onal question. The Court of

Appeals has appelltite orimin8.ljurisdiotion "in

all oases in whioh suoh jurisdiotion has not

been oonferred by the Constitution upon the Supreme Court." ('2l In the event a case is erroneous-

ly filed in one appellate court when. jurisdic-

tion thereof is in the other. it is transferred

automatically.l3)

NUMBER OF CASES: Two thousand nine hundred ten

oriminal cases were appealed to these oourts
during the period under study, S5 peroent of

which were carried to the Court of Appeals. The

number annually appealed was relatively con-

stant, averaging ~~ per year for the Supreme Court and 2~7 for the Court of Appeals. Prior

to 1932, in the Court of Appeals, the average

was about 260 cases per year, but for that and

the two succeeding years, the average dropped to

206, although there was not a similar fluctu-
ation in the Supreme Court. Over 90 percent of

the cases appealed to the Supreme Court were on

the charges of murder and rape. The record. of

the trial courts show that there was little va-

riation in the number 'Jf these crimes oharged

annually, and that the depression seemed to have

had. little or no effect on such crimes. On the

other hand, the effect of the depression in gen-

eral apparently accounts for the smaller number

of cases coming before the Court of Appeals.

Convictions in which the sentence of life im-

prisonment or the death penalty have been im-

posed are almost always appealed; whereas, when

times are hard, often minor penalties for lesser

orimes will be accepted as less costly from a

financial standpoint than the expenses incident

upon an appeal.

During the period under study, ~36 oases,
encompassing 21 different orimes, were appealed

to the Supreme Court. Of this number, 3~1 were

murder oases, 57 cases of rape, and 19 were mis-
- - - - - - - - _ . _ - - - _.. _ - - -

(\) ibid. ('Z) Sec. 2-3009 ibid. (3) Sec. 2-3005 ibid.

demeanor oases appealed upon oonstitutional questions. Foul';' oases were brought in whioh the charge was only "misdemeanor" or "felony."
The dooket of the Court of Appeals oarried a much greater percentage of such blanket charges. In this oourt, the four largest groups of crimes were violations of the prohibition law, laroenies, homicides, and assaults, respeotively. Felonies predominated in these, with the exception of violations of the prohibition law where possession of intOXicating liquors acoounts for ~ percent of suoh oharges. The number of miscellaneous crimes not inoluded in the above groups varied from year to year both as to num-
ber and type, but included, as a total, 96 sex
orimes, 22 vice orimes, and l~ oases involving the police power of the State to pass regulatory measures for the several professions.
There were five oounties from whioh no oases were carried to either appellate oourt in the period under study. From seven oounties no criminal cases were appealed to the Court of Appeals, and from ~3, no such oases were sent to the Supreme Court. One oase eaoh was sent from eight oounties to appellate oourts (see Appendix G, Table 2~). As i8 to be expected, a larger number of cases was appealed from Fulton County than from any other. The eleven counties from which the greatest number of appeals reached the appellate oourts are listed below, together with the number of appeals from eaoh of these oounties, and the Superior Court Cirouits in whioh the counties are looated:

County Fulton Laurens Bibb' Floyd Wilkes Whitfield Chatham Walker Miller Chattooga Carroll

Cirouit Atlanta Dublin Maoon Rome Toombs Cherokee Eastern Rome Pataula
Rome Coweta

Number of Cases
470 130 107
100
76
~g
57 52
~5 ~3

DISPOSITION OF CASES: Of the 436 cases appealed to the Supreme Court, the judgment of the lower oourts was affirmed in 325. or 75 percent, and

- 76 -

the Judgment was reTersed in 90 cases. One case was withdrawn and six were dismissed for want of prosecution,
In the Court of Appeal., larger proportion. of cases were withdrawn and dismi8sed for want
of prosecution. These were 32 (1.3 percent) and 22g (9.2 percent) respectively. The Judgment of the lower court was affirmed in 67 per-
cent of the case. appealed to the Court of Ap-
peals and was reversed in 5.9 percent. In 315 (12.7 percent) cases, the Court of Appeals re-
versed the decision of the lower court and sent the cases back for a new trial. When only the cases actually decided are considered, the per-
centages of affirmation are g3.3 percent and 7g.3 percent respectively for the Supreme Court
and the Court of Appeals. No crime seems to have been reTersed or re-
manded more readily than any other. On the other hand, cases carrying the blanket charge of felony or misdemeanor are withdrawn or dismis.ed for want of prosecution approximately fiTe and one-half times as readily as are other criae

oharges. rifty-four percent of the cases docketed oarrying these blanket charges were either dismissed for want of proseoution or withdrawn.
In 247 oases where JUdgment was rendered in
the Court of Appeals, the defendant applied to the Supreme Court for a writ of certiorari. Suoh an action is a request to a higher oourt to review the JUdgment of the lower oourt,(!) and is granted when the higher court finds evidence in the petition that the other may have erred. In only seven cases did the Supreme Court see fit to review the actions of the Court of Appeals.
Much has been said about the delay. in appellate procedure, but in the Supreme Court and
Court of Appeals in Georgia, 29 percent and 73.1
percent respectively are handled in three months after the bills of exception. are filed. By the
end of six month., 56.2 percent and 94.1 peroent
respectively were dlsposed of. It is an exception for any oase to remain before these oourts tor twelve months or longor.
(11 ibid.

- 77 ..

RELATION-'bf CASES REVEQSED TO CASES ApPEALED
f>v JUOICIAL DISTniCTS OF TilE SUPElllOIl CoUllT COURT OF ApPE"lS AND SUPDEME COURT STATE OF GEORG'IA
JANUARY I. 19'Z6 - DECEMflER'3I. \q35
[JJJ P~Q CENTS FQOM 0.0 THQOUGH 11.4
~ Pm CENTS FQOM 12.5 THDOUGII \7. \
-~ PEll CENTS FQOM 17.7 THllOUGIl 7.1.6
PER CENTS FROM 11.9 THllOUGH 7(,.5 ~ ~ PEll CENTS FROM lb.' AND OveQ
MAP No.TIl
- 7l! -

Chapt~r IX
PROCEDURE AFTER SENTENCE

THE ROLE OF THE PRISON COMMISSION: When a de- an arrangement whereby any individual who pre-

fendant has received a felony sentence, he is sented satisfactory means of so doing could

delivered into the custody of the sheriff. It lease from the State such convicts as he de-

then becomes the duty of the clerk of the court sired. The leased prisoners were fed, clothed,

in which the case was tried to notify the Prison
Commission of such conviction and that the con-
(l)
vict is being held subject to its instructions.

and housed by the lessee and labored for him.
This practice had been in vogue since 1874,(11) and
seems to have been designed as a substitute for

Upon the order of this body, the sheriff deliv- the state penitentiary. The Governor leased the

ers prisoners in his custody to the designated convicts, and the head keeper of the penitenti-

institutions.{ZlThey may be turned over to any ary was charged with seeing that all of them

county on the request of its proper officer and lived and worked under humane conditions.<lL)

put to work on the roads, bridges, and other public works,(31 or sent to the state penitentiary.

Today, administrative control and supervision over all persons under sentence is exercised

On the other hand, persons receiving misdemeanor by the Prison Commission. This supervision is

sentences are registered with the Prison Commis- retained even though the convict camp may be op-

sion;4) but are worked on the chain gang of the county of conviction~51 unless that county does

erated by a county, city, or the State Highway Department. The Commission makes all rules and

not maintain a convict camp, in which case dis- regulations regarding proper management, living

position is made of them under the same regula- conditions, disciplinary measures, and sanita-

tions as govern the placement of felony convicts.(,,,) The Commission may farm out prisoners to
the state Highway Department for work on the highways,(7)and when the needs of the counties and

tion for all convict establishments.(13) It also
distributes prisoners among the several farms, camps, and institutions;l~andregulates the work they can do within the limits set ~ law. Some

of the state Highway Department have been met, Commissioner is required to make a thorough in-

it may hire the remaining convicts to municipal-
(,6l
ities at one hundred dollars per year. Such la-

spection of each convict camp and prison at least once every six months~~and the Commission,

bor, however, may never be used in competition with free labor:~

as a whole, is required to make a report to each session of the General Assembly showing its ac-

The Prison Commission of Georgia, created by
(lO)
the General Assembly in 1897, heralded a new era

tivities and expenditures since the preceding session. At this time it may make recommenda-

in penal management in this State, and set in tions for new legislation that it deems best for

motion machinery for the elimination of many the betterment of the prison system. (1(;)

abuses then existent in the handling of prison-

In addition to the administrative duties of

ers. Among these was the convict lease system, the Commission, it must investigate all applica-

(1) Sec. 77-339 Ga. Code 1933. (Z) Sec. 77-325 ibid.
{31 ibid.
(4) Sec. 77-339 ibid. (5) Sec. 77-201 ibid. (6) Sec. 77-336 ibid. (7) Sec. 77-326 ibid. (e) Sec. 77-330 ibid. (9) Sec. 77-331 ibid. (10) p. 71, .Ac ta of 1897.

tions for executive clemency and make such rec-'
ommendations to the Governor as it sees fit in
(11) p. 26, Acts of 1874. lIZ)p. 40, Acts of 1876. (l~) Sec. 77-313 Ga. Code 1933. (K)Sec. 77-325 ibid. (15) Sec. 77-316 ibid. (IG)Sec. 77-340 ibid.
- 79 -

each case.00 It makes rules for the parole of the prisoners, allowing them, with the consent of the Governor, to serve their sentences beyond the confines of the penitentiary; remaining, however, within the legal custody of the Commission and subject at any time to be returned to prison by its order. When a person has served twelve months of his parole in a satisfactory manner and his history before the perpetration of the crime, along with his prison record, shall warrant consideration, the Commission, if it feels that he will become an upright, honest citizen, may, upon its own motion, recommend to the Governor that such prisoner be pardoned and his rights of citizenship restored to him. Such

TABLE XXXIII.

RELEASES GRANTED GEORGIA PENITENTIARY CASES
January 1, 1926 - December 31, 1935

Release Granted

Through:

.~ _

Completion of Sentence

Pardon

3entence Commuted

Parole

Death of Prisoner

Total Re.",l-"e.:::a-",s-",e=:d__~~~

Cases Not Released

Total Cases Admitted

Number of Cases
2,055 2gb 777
5,7g0
~15
9.313 g,023
17,336

Percent of
A~QIlS
11.9 1.6
~.~
33.3
2.~
53.6
~6.~
100.0

*Source: Records of the Prison Commission.

recommendations, however, are not mandatory upon the Governor. (2) DISPOSITION OF PRISONERS: A thorough study of the prison system of Georgia was not included in the scope of this survey, and effort was made to include only such information as is related to the court system. Facts regarding the final disposition of persons under sentence and data concerning the length of confinement in relation to the sentences imposed were considered pertinent.
In the decade January 1, 1926 through December 31, 1935, 17,336 cases in which felony sen-
tences were imposed were admitted to the penitentiary system. Prior to the end of the peri-
od, more than 50 percent of them had been grant-
ed some form Of release - 80me of the prisoners
(1) Sec. 77-501 ibiCl. ~) Sees. 2-2612;27-2701 ibid.

had died, some had served their allotted sentences, and some had been gi~n pardons and paroles. The percentage of each type of release is listed in Table XXXIII.
Adverse comment has been made from time to~ time regarding deaths of convicts in the prison institutions of the South. In Georgia, the death rate for felony convicts in the State Penitentiary is lower than that of the adult population throughout the State. No effort was made on this survey to inquire into the cause of death among convicts.
Contrasting with the number of prisoners who served the minimum sentences given them are those granted pardons, commutations, and paroles. Such methods of release are expressions of executive clemency exercised in this State,
sometimes bY the Governor upon his own initia-
tive, and sometimes upon the recommendations of the Prison Commission. Cases were stUdied only as to the percentage of the sentence served, and no effort was made to inquire into the merits of any case or to the reason why special treatment was afforded it.
In recent years, governors in general have been accused of opening the gates to the penal institutions and allowing hardened criminals of all types to be loosed upon society. Large numbers have been freed in Georgia before the ex-
piration of their sentence, but only 2g6 felony
cases entering the penitentiary during the de-
cade 1926-1935 received the full pardon before
the end of that period. A pardon releases the prisoner from custody and forgives him completely of his orime~3) Table XXXV lists the crimes
* AUTHOR'S NOTE: For the purpose o~ this study, only cas~c
in which felony sentences were ir~osed are included. since the records of convicts given misdemeanor sentences arc i<ept in the chain gang camps, and data from such place~ could be gathered only at a prohibitive cost. Cases referred to in this chapter represent a smaller number of persons. since often an individual was sentenced ~or more than one charge. and no ef~ort was made to correlate the actual persons involved to the number o~ cases. (See Appendix R. Exhibit 6, for details hOlf data ~or this chapter was gathered.)
(~ Sec. 27-2701 ibid.

- gO

in which p~~d9~S were granted in the period must be served before release is effected}l) Com-

studied.

mutations were made in a much wider variety of

One would expect, in the absence of extra-

ordinary circumstances, that a convicted person would serve at least the minimum time set in his sentenoe. Such, however, does not seem to have been the case. In faot, more than 20 percent of those granted pardons served less than 11 per-

cent of their sentences. The Prison Commission has on record cases which were pardoned before they were turned over to its custody. There are

other cases, however, where persons who, after serving their complete sentences, oesiring to again enjoy full rights of citizenship, request

TABLE XXXIV*

PARDONS - PERCENT MINIMUM SENTENCE SERVED Felony Cases** Admitted to Georgia Penitentiary
Januar~ 1, 1926 - December 31, 1935

Ptlrcent of Sentence Served

Cases Number Percent

10 and Under

52

20.2

11-20

19

7.4

21-30 31-40

~~

9.0 9.3

4-1-50 51-60

32

12.4-

22

8.6

61-70 71-80

i~

51 5.4

81-90

15

5.8

91-100

30

14.1

Over 100 __ 7 2 . 7 . _ - - - - - - - - - - - .. ----------~------_

TOTAl,

257

100.0

TABLE XXXV,,.

PARDONS - BY CRIMES Felony Cases** Admitted to Georgia Penitentiary
January 1, 1926 - December 31, 1935

CRIME

Number of Pardons

Aiding Escape

5

Assault with Intent to Murder Assault with Intent to Rape

l~

Assault with Intent to Rob

1

Arson

3

Bigamy Burglary

4~

Embezzlement

12

Felony

8

Forgery

15

False Swearing

2

Involuntary Manslaughter Kidnapping

l~

Larceny After Trust

4

Larceny from House

2

Larceny of Auto

19

Laroeny of Baled Cotton

2

Larceny, simple

6

Manufacturing Liquor

6

Mob Violence

2

Murder

31

Perjury

2

Rape

8

Riot Robbery

4~

Seduction

5

Shooting at Another

2

Voluntary Manslaughter

15

Violation of Banking Regulations

1

TOTAL

286

*Source: Records of .the Prison Commission. **Includes life imprisonment and electrocution sentences.

crimes than were pardons, and, as shown by Table

*Source: Records of the Prison Commission. **Cases where life imprisonment or electrocution was the sentence not included. Pardons granted at the completion of the sentence not included.

XXXVI, often only a small percentage of the minimum sentence was served.
TABLE XXXVI*

and receive pardons. These, however, are not shown in this chapter. In order to place a yard stick as to the place within the sentence most persons receive pardons, the 257 pardons granted to persons not under life sentence were studied as to the percentage of the minimum sentence they actually served. The results of these computations are shown in Table XXXIV.
The effect of a commutation of sentence is similar to a pardon in that upon such a release, the prisoner is free from further legal re-

COMMUTATIONS - PERCENT MINIMUM SENTENCE SERVED Felony Cascs** Admitted to Georgia Penitentiary
January 1, 1926 - December 31, 1935

Percent of Sentence Served

Cases Number Percent

10 and Under 11-20
2l-~
,11--50 51-00 01-70 71-80 81-90 91-100 Over 100

121

16.0

40

53

93

123

71

93

104

137

67

8.9

45

6.0

61

8.0

42

5.5

89

11. 7

25

3 3'

TOTAL

758

100.0

Records of the Prison Commission See footnote Table XXXIV.

straints. There is a difference between the

Differing from the procedure under a pardon

two, however, in that a commutation of sentence or a commutation, a person plaoed on parole re-

is a shortening of the sentence and a part of it (1) 46 Corpus Juris 1197.

- 81 -

mains under the supervision ot the Prison Commission, and while"' treed trom'~ontinement, is still subject to its regulations and may be re-

granted such releasee are returned to custody; but paroles still continue to be granted in large numbers and tor all types ot crimes.

TABLE XXXVII*

PARDONS - COMMUTATIONS - PAROLES Peroent: JI1nimum .Sem:ence Served - By Minimum. Sentenoe Illlposed
Felo:o;y Cases** Admitted to Georgia penitentiary Jaouary 1. 1926 - Deoember 31. 1935

M1nhIma
Sent:ence Total In Years Cases 0-10

1

2,212 101

2

2,128 112

S

99S SO

4,

S69 27

5

488 37

6

62

2

7

79 8

8

57 2

9

71

10 11

- 139 10 2

12

21 1

lS

11

14

S2

15 16 17 18 19

44 1 2 8 6

-.--4

20

42 19

11-20
17 21 24
6 9 3 3
-2
-14 --4
7
1-
5 3 7

21-30
16 48 26 24 29
6 8 5 1
-20 -5
1 14
1 3 1 13

Number of Cases Peroent of Sentenoe Served

31-40
22
40
41 32 Sl 4 11
5 1 26 1 1

41-50
68 75 61 25 53 8 10 7 1
-22 3

51-60
46 95 46 24 28
7 6 6 1 10 1 2

61-70
31 74 41 13 28 1 3 2 1 10
4

8

8

S

-- 1

2 S

71-80
40 93 26 18 204 24 23 24
1 24
1

TarAL 6.664 357

126

221

228

341

276

208

478

* Souroe: Reoords of the Prison Commission. ** Cases where life imprisonment or electrocution was the sentence not included. *** For all sem:enoes in this column, the maximum sentence was evoked.

81-90 26 51
562 155
15 5 1 2 3
820

***
91-100
1,624 1,408
70 27 38
2 6 2

***
Over 100
221 111
66 18 16

3.177

432

turned to the penitentiary upon its order. Such While pardons and commutations of sentence are

order may be issued upon any violation ot the otten granted shortly after conviction, paroles,

provisions ot the parole or atter arrest upon as shown by Table XXXVIII, seem to be secured

TABLE XXXVIII*

PAROLES - PERCENT MINIMUM SENTENCE SERVED Felony Cases** Admitted to Georgia Penitentiary
January 1, 1926 - December 31, 1935

Percent ot Sentence Served

Cases Number Perceat

10 and Under 11-20
21-~
~11--~0
5611--70 71-80 81-90 91-100 Over 100

1a4
67 105
133 205 187 150 4-03 763 3,052 4-00

33 1.2 2l.. ~
g 36
23.'
71 ~..50
7.1

TOTAL

5,64-9

100.0

* Source: Records of the Prison Commission. ** See footnote Table XXX~V.
._---------

another charge. The reports of the Prison Com-

more often after a greater part of the sentence has been served.
If the figures shown in Tables XXXIV, XXXVI and XXXVIII are combined and shown in relation to the minimum sentence imposed, it appears that the percentage of sentence likely to be served deoreases in reverse ratio to the length of the sentence imposed. In other words, 83.4- percent of those with sentences of one year serve over 90 percent ot it in confinement, 'while only 11.0 percent of those with five year sentences serve the same percentage of their sentence, and only 9.2 percent of those with sentences longer than ten years serve more than 50 peroent of their

mission to the General Assembly show that tor sentence. Table XXXVII lists the percents

each biennium more than 30 percent ot those served of each length sentence imposed.

- 82 -

ror those prisoners sentenced to life imprisonment. th~ reoord is p-ot greatly different from that for oonviots with shorter terms. Under the law. persons sentenced to life imprisonment are not eligible to parole until after they have served three years of the sentenoe. On the other hand. pardons and oommutations oan be issued at any time after sentenoe has been impoeed. Likewise. a commutation oan be issued to shorten a sentenoe and shortly thereafter a parole be granted. Table XXXIX lists the pardons. paroles. and oommutations granted prisoners under life sentenoes. along with the number of months served by them.
Perhaps more publioity is attendant upon pardons. paroles. and oommutations for murder than for any other orime. This orime. under the Georgia law. unlike most others, is peouliar in that only two sentenoes may be imposed upon a defendant oonvioted of suoh a oharge. These two punishments are life imprisonment and electrooution. Of the 1,137 felony oases admitted to the penitentiary and sentenoed to life imprisonment, 1,124 were for murder. The records of the State Penitentiary at Milledgeville show that during the period stUdied. there were 123 oonvioted murderers eleotroouted. In other words, for the state as a whole. during the deoade January 1, 1926 through Deoember 31, 1935, there were 1,247 oonvioted murderers reoeived by the penitentiary system. Of these, 9.8 peroent were eleotroouted; 4.0 peroent died from natural oauses; 895 were still serving sentenoe on Deoember 31, 1935, and 179, or 14.2 peroent. had been released upon pardon. oommutation of sentenoe, or parole.
In any prison system, there are always individuals who can devise ways and means for seouring an illegal release. Of the 17,336 oases inoaroerated in the state penitentiary. esoapes were aocomplished in 4,078, and 56.5 peroent were reoaptured during the period under oonsideration. Of those who esoape.d. lIore than onehalf had effected more than one esoape. A sur-

prising proportion of those who had only one year to serve effeoted not one esoape. but several. (See Appendix H for oomplete statistios on esoapes.) Events suoh as these lead to the

TABLE XXXIX*

PARDONS

COKWTATIONS

PAROLES

By Months Served

Conviots Under Life Sentenoe Admitted to

Georgia Penitentiary

January 1, 1926 - Deoember 31, 1935

Total

Months in

Granted

Commu-

Confinement Releases Pardons tations Paroles

3 mos. or Less

3

4 - 6 mos.

3

i

2

7 - 9 mos.

1

1

10-12 mos.

2

1

1

13-15 mos.

2

1

1

16-18 mos.

5

3

1

1

19-24 mos. 25-30 mos.

5 5

i

2
4

31-36 mos.

5

1

2

2

37-48 mos.

31

5

2

24

49-60 mos.

20

3

17

61-72 mos. 73-84 mos.

31 28

5
2

1

~~

85-96 1I0S.

26

4

22

Over 96 mos.

12

1

11

TOTAL

179

29

19

131

* Souroe: Reoords of the Prison Commission.

belief that it is not only through parole. oommutation, and pardon that hardened oriminals are turned loose upon sooiety. The means in the hands of the Prison Commission for effecting reoapture are the looal law enforoement departments, and it is likely that these officers are no better equipped to handle the capture of esoapes than they are to capture suspects. Taken all in all, the proportion of release from the penitentiary system is greater than is supposed by the average individual.
Perhaps the most important result to be found in the foregoing considerations ie the faot that, if con~icts under life sentence are exclUded, 46 percent of the felons admitted to the penitentiary during the period studiad and released during that same period served less' than 90 peroent of the minimum term to which they bad been sentenoed. ReViewing condi'o;ions found in the superior and oity courts, it will be remembered that for those counties studied, convictions resulted in 59.7 peroent of the

- 83 -

c~ses docketed. If it be assumed that this ratio holds good for the state, and that the percentage of misdemeanor convicts who serve a full term is comparable to that found for felony convicts, then the unescapable conclusion is that, for all cases docketed in the trial courts of th1s State, only a relatively small percentage

were convicted and served their minimum sentence. If the reaB~n that this did not occur in the remaining cases is the supposition that such a course would have been unjust, what an appalling waste of time, money, and effort was that expended in the handling of these other cases.

SUPEQIOQ COUQT CIRCU IT 5

I. ALAPA~A '2 ALBANY 3 ATLANTA
4 ATLANTIC 5 AU6USTA
6 e>LUE DIDErE: ; I)D.UNSWICK 8 CHl>.iiAAOOcwEE 9 C~ED.OKEE 10 CORDELE
" COWETA
1'2 Due-LIN 1'3 EASTERN 14 fLINT 15 crD.IFFIN
16 MACON

11 MIDDLE 18 Norm~EASTEIl.N '9 NOlITHERN '20 OCMULG-EE '21 OCONEE '2'206EECHEE
n PI>.,.I>.ULA
'24 PIEDMONT '25 !lOME '26 STONE MOUNTAIN
21 SoUTHERN
'28 SoUTHWESTERN 'l9 TALLAPOOSA
30 TIFTON
31 TOOMM 3'2 WI>.YCD.OSS '33 WE5TEIl.N
. OtOR6IA CoDf. \Q33

f
'''2~
~_":

MAP No-TIl - 84 -

Chapt<Z.r X
TItE"DEVELOPMENT OF THE GEORGIA (OURT JOHN D. HUMPHRIES
JUdj( of th~ Sup~rior Court, Atlanta Circuit

SYSTEM

From his day-to-day contact with the courts,

In pursuance of that authority the trustees,

one may be prone to accept the law and the before sailing from England, erected on Novem-

courts as an immutable thing, remaining fixed ber 2, 1732, a "court of judicature", styled

and constant in a world forever changing. Such, "Town Court", bestOWing upon it judicial power

however, is not the case, and like all other hu- and authority commensurate with those exercised

man instltutions, the courts of Georgia have de- in England by the Courts of Klng's Bench, Common

veloped with the advancement of sclence and Pleas and Exchequer. On November 17, 1732, James

civilizatlon in a manner similar to the edu- Edward Oglethorpe and 130 persons sailed from

cational institutions of the State, its in- Gravesend, England, on the ship "Anne" for the

dustrial evolution and other functions of the new colony, and on February 12, 1733, they land-

State and its people. As with other things in ed at Yamacraw Bluff on the Savannah River,

life, a proper perspective on the court system where the City of Savannah now stands. On the

can only be gained by a knowledge of its history way over, stops were made at Charleston and

and background.

Beaufort. From the latter place, General

UNDER THE TRUSTEES: By Charter of King George II Oglethorpe made a trip to Savannah in advance of

of England, the country between the Savannah and the landing. Thus was projected the first set-

Altamaha, and from the head springs of those tlement of the new colony.

rivers due west to the Pacific, was, on June 9,

Under the charter, the Colony was to be gov-

1732, erected into the Province of Georgia. For erned Qy the laws of the realm of England and

twenty-one years it was placed under the guard- such as might be enacted by the Councl1 of the

ianship ofa corporation "intrust for the Province. There were no lawyers among the set-

poor. ",,- T'.e p1lrpose of the patrons was expressed tlers, and it does not appear that any were

in the sPRl of the corporation, which had on one wanted. Therefore, its jUdges, three in number

side a group of silk worms at work, with the and called "Bailiffs", were laymen, unlearned in

words "non sibi, sed aliis" -- not for them- the law, and little qualified to preslde over a

selves but for others. All executlve and legis- court of small jurisdiction, much less one whose

lative powers were for twenty-one years given authority was practically unlimited and from

exclusively to the trustees or their common whose decisions there was no appeal. Complaints

council; and they were expressly authorized to of the most serious kind were soon made.

erect and constltute jUdicatures and courts of

When Frederica was settled in 1736, a sim-

record to hear and determine "all manner of ilar court was established there. Its jUdges

crimes, offenses, pleas, processes, plaints, were less qualified than those at Savannah; some

actions, matters, causes, and things Whatsoever, were not able to write. "The power was too

arising or happening Within the said province of great for the irresponsible hands that wielded

Georgia, or between persons of Georgia, whether it,' said W. B. stevens, in his hlstory of

the same be civil or criminal, and whether the Georgia, page 223. 'They were charged With set-

said crimes be capital or not capital, and ting aside the laws of England, making false

whether said pleas be real, personal, or mixed; imprisonments, wrongfully discharging grand ju-

and for awarding and making out executions." ries, threatening petit juries, blasphemy, ir-

- S5 -

reverence, drunkenness, obstructing the course ot a governor, with power to call an assemb17 to

of law, and other . equally g~ave and heinous pass laws, grant lands and do all other thing.

offenses." Realizing that the bailiff's magistracy was

necessary and proper for the government of the province5~ On November 8, 1754, the Governor

a failure, the trustees, in 1741, divided the brought to the attention of the Board, composed

province into two counties, one called Savannah of himself and members of the CounCil, the royal

and the other Frederica, with a president and four associates .for each, who constituted the

instructions regarding the erection of courts; and the matter was referred to the Attorney Gen-

civil and jUdicial tribunals of their respective eral, recently arrived in the Colony, for in-

counties. In 1743, before appointment had been made for Frederica, that territory was placed

vestigation and report to the Board, with recommendations. (5)

under the officers of Savannah, and the magistrates at Frederica were made subordinate to the

In the meantime, on November 27, 1754, the Board established a Court of Oyer and Terminer

superior authority at Savannah.(I) That plan work- to be held twice yearly. The jUdges appointed

ed better, but still there were many complaints. were Noble Jones and William Spencer, Esq., who

There were no courts of chancery or of admiralty took the State oaths and subscribed the test re-

in the province, but before the charter of the quired by law, and likewise took an oath for the

trustees was surrendered, the assembly petition- due execution of their oftice of jUdge." The

ed for a court of chancery, and a movement was establishing of the other courts and officer.

started for the establishment of a court of was postponed for future consideration. (")

admiralty.

On December 12, 1754, the Attorney General

UNDER THE KING: The trustees surrendered their made his report to the Board, recommending the

trust to the King on April 23, 1752, and on June establishment of courts for the speedy adminil-

23, they ceased to exist as a body. Early in tration of justice, as follows:

July the Lord Justices, the King being absent in Hanover, with the advice of the Privy Council, continued all officers in the province in their respective offices until another form of government should be estab1ished~') In the meantime "the government of the province was administered according to the plan inaugurated by the trustees, by a president and four assistants, ~ho received their instructions from and made report to the Lord Justices and the Lord Commissioners of Trade and Plantations." (3)

1. A General Court, to be held every three months before two or more persons to be appointed as jUdges, with jurisdiction to try "all actions, real, personal and mixt", exceeding 40 shillings in value; and all criminal mattera, with like power and authority as used and exercised by the respective courts of King's Bench, Common Pleas and Exchequer in England. The right of appeal to the Governor and Council was given in causes exceeding 300 pounds in amount; and to his Majesty in Council in matters exceeding 500 pounds in amount, and in criminal cases where the fine imposed was as much as 200 pounds.
2. A Court of Chancery, for matters in equity, to be held before the Governor as Chancellor after each session of the General Court.

On March 5, 1754, the Lord Commissioners of Trade and Plantations submitted a plan for the establishment of a civil government in the province, which received the approval of the Crown

3. A Court of Oyer and Terminer, to be held twice yearly by two members of the Council, commissioned by the Governor tor that purpose, or judges of the General Court, for the trial of persons charged with committing crimes after the sessions of the General Court.

and became the governmental policy of the prov-
ince. That plan provided for the appointment
ell pp. 223-226, Vol. I, nA History of Georgian, William . Bacon Stevens, Appleton Publishing Co., New York, 1847.
(,lp. 372, ibid. (;'lp. 462, Vol. II, "History of Georgi"n, Charles Coloook
Jones, Jr., Hughton Publishing Co. Boston, Mass., 1653.

4. A Court of ,Admiralty, for maritime matters, to be held before the Governor as Vice Admiral, OT "before whomsoever
(4) pp. 460-466, ibid. (5) p. 391, Vol. I, "A History of Georgia", William Bacon
Stevens, Appleton Publishing Co., New York, 1647. ~l p. 40, Vol. VII, Colonial Reoords.

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he shall depute or surrogate for this purpose. " Right of appeal was given to the FU,gh 90urt ot Admiralty of Great Brit1an.
5. A Special Commie-iion of Oyer and
Terminer, issued by the Governor when necessary, directed to the Justices ot the district or division where the offenee was committed, for the trial ot slaves charged with capital offenses, without a Jury. On conviction the commissioners were to award execution, and fix the value of the elave, to be paid to the owner by the General Assembly, "as an encouragement to the people to discover the villanies ot their slaves."
6. Interior courts, to be thereafter
established as might be thought requisite and necessary, to try small causes, for the ease and convenience of inhabitants ot the province residing at too great a distance from Savannah. On the same date the report of the Attorney General was submitted, the. Board resolved: "That the respeotive oourts ot Justioe mentioned in the atoresaid report be constituted as oocaeion may require, oontormable to the said report. "That a oourt ot reoord be immediately oonstituted by the name and style ot the General Court, to be holden yearly at Savannah within this provinoe, on the second Tuesday in January, the second Tuesday in April, the second Tuesday in July and the second Tueeday in Ootober. "That the said General Court have Jurisdiction and cognizanoe ot all actions, 'real, personal and mixt, I exceeding the value ot 40 shillings, except where the title to a treehcld Comes in question; and also have cognizanoe ot all criminal matters, With the like power and authority as used and exercised by the respective courts ot King's Benoh, Common Pleas and Exohequer in England. "That his Exoellenoy, the Governor, will grant a commission to Noble Jones and Jonathan Bryan, Esq., to be JUdges to hold the said oourt, which commission is ordered to be entered in this day's minutes."
On December 13, 1754., the Board took into
consideration what turther regulations might be necessary in regard to courts, and Resolved:
"That a commission be issued appointing the Justices of the peace within the province, with power tor any two ot them and three treeholders to be Judges in causes not exceeding the value ot 40 shillings sterling." This was a departure trom the rule in England, where Justice courts had no civil Jurisdiction.
On page 391, Stevens' History ot Georgia,
Vol. 1, it is stated that agreeable to the recommendation ot the Attorney General, on December
12, 1754., the Council established a General

Court, a Court ot Oyer and Terminer, a Court ot Admiralty, a Commission ot Oyer and Terminer to try slaves, and Justioes courts.
In November 1755, the Governor and Council ordered that the JUdges ot the General Court "hold courts ot Oyer and Terminer and General
Gaol delivery eaoh second Tuesday in Deoember and the seoond Tuesday in June yearly." An act
of February 21, 1756, provided tunds "to detray the expenses ot the oourts of Oyer and Terminer. "(I) An act of December 13, 1756 regulated the draWing of Jurors for the courts ot Oyer and
, Terminer and the General Courts. ('2)
On Maroh 19, 1762, a speoial oommission of
Oyer and Terminer was issued to Judges of the General Court and others to try two Spaniards charged With mUrder.~)Other commissioners were
added March 26, 1762.~) An act of April 24., 1760,(5) reciting that
oosts in the General Courts often exceeded the
amount involved were above 40 shillings not exceed eight pounds. By act of March 4., 1762(,6) an appeal to the General Court was allowed it the JUdgment were tor more than 40 shillings. These courts oame to be known as courts ot oonscience, because ot the rule ot decision, which was according to conscience and equity. In acts ot March 12, 1774., and August 5, 1782(,"I) they are referred to as Courts ot Conscience.
Referring to the expense to ship masters, supercargoes, and other transient persons having oauses against merchants and traders, due to delays incident to trials in the usual course, an
(I) p. 504. Vol. XVIII, Col. Ree. ('2)P' 144, ibid. (3lP. 659, Vol. VIII, Col. Ree. (4-lP. 671, ibid. (5)P, 71, Georgia Colonial Lawe. (~p. 149, ibid. (11 pp. 31, 169, vol. XIX-II, Col. Rec.

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act of April 7, 1763,Cll authorized and directed the Chief Justice ,of the General Court, or in his absence, another justice, on application, to call a special or extraordinary court to try such causes within seven days. An act of March 6, 1766,('2\ extended the time for trial, in the
discretion of the justice, to not more than
twenty days, due to the distance from Savannah
of some defendants. These special courts were
known as "Courts Merchants."
An act of April 7, 1763,W gave the General
Court authority to partition lands, which was
w
amended by act of March 27, 1767, so as to insure quicker results than was afforded under the English rule of practice. An act of February 29, 17640,0 regulated the practice before the Ordinary. An act of April 11, l76g,~ authorized the justices of the peace of a parish, or any three of them and seven free holders, to try slaves.
On conviction, the defendant was executed by the Constable, for which he received a fee of three shillings.
An act of April 11, l76g;1) prescribed the
qualifications of grand jurors as men owning 500 acres of land in fee simple, fee taille, or for
life, or in commission of the peace; but they were not exempt from petit jury service. The
grand jury, inherited from England, became an
important institution in the administration of the criminal laws of the prOVince. It had no civil authority. The oath taken by its members was as follows:
"You shall diligently inquire and true presentments make of all such articles, matters and things as shall come to your own knowledge touching this present service. The King's Council, your fellows and your own, you shall keep secret; you shall present no person for hatred or malice; neither shall you leave anyone unpresented for favor, or affection, for love or gain, or any hopes thereof; but in all things you shall present the truth, the whole truth, and nothing but the truth, to the
{I) p. 162. Ga. Col. Laws. ('2) p. 342. ibid. (.3) p. 169. ibid. (4.) p. 375. ibid. (5) p. 209. ibid. (,) p. 417. ibid. (l)p. 442. ibid.

best of your knowledge; so help you God. II With the words, "state's Counsel", qualified by the provision "unless called upon to give evidence thereof in some court of law in this state", substituted for the words "King's Council" , that oath is substantially the oath taken by grand jurors today. The courts as thus established under the royal rule constituted the jUdicial system inherited from England, and for a time continued in effect by the neWly declared republic. INDEPENDENCE OF THE CROWN: On July 6, 1775, the Provincial Congress of Georgia adopted a resolution prOViding that the province join "With all other provinces in America now met by delegates in Continental Congress" in Philadelphia, and prOViding, also, for the appointment of a committee "Whose duty it shall be to see that the resolutions of the Continental Congress and the Provincial Congress be duly observed, and that every person who shall act in opposition thereto have his name transmitted to the Continental Congress, and that his misdeeds be published in every American paper."(~ On December 1, 1775, the courts of the province were taken under supervision of the Council of Safety, and a committee of fifteen was appointed as a Court of Appeals, to sit in Savannah quarterly, and to hear and determine between the parties, and to sanction or prohibit processes, according to the circumstances of the case~The constitution of the courts of inferior jurisdiction was left unchanged. On April 15, 1776, the Provincial Congress proclaimed a temporary constitution for Georgia, which provided that all laws, common and statute, and acts of the Assembly, formerly acknowledged to be of force in the province and not inconsistent with the government proclaimed, be of full force and effect in the province until otherwise ordered; and that a Chief Justice
(B) p. 192, Vol. II. "History of Georgia," supra. (91 p. 207, ibid.

- SS -

and two assistant jUdges of the oourt of sess-
ions, or Oyer and Terminer, be appointed by ballot to serve during the pleasure of the Congrel"s, the former rules of procedure to continue. O)
THE CONSTITUTION OF 1777: The passing of Georgia
from a Colony of the British Crown to statehood
brought little immediate change in its laws and jUdicial procedure. In pursuance of a recommendation of the General Congress at Philadelphia,
independence of the British crown having been
declared on July 4, 1776, a convention of the people assembled in October 1776 at Savannah
and proclaimed a Constitution for the State on
February 5, 1777. That Constitution established
a court, to be called the Superior Court, and to
meet twice yearly for each county in the State, namely: Chatham, Effingham, Burke, Richmond, Wilkes, Liberty, Glynn, and ~amden.
All causes of what nature soever were to be tried in the Superior Court, except as in the
Constitution otherwise provided; which court consisted of a Chief Justice and three or more of the justices residing in the county. In oase
of the absenoe of the Chief Justice, the senior justi~c of the benoh was to aot as Chief Justioe. Justioes were made assistants to the Chief
Justice of the Superior Court by Aot of Maroh 1,
1778:2)to carry out the provisions of the Constitution of 1777. An Act of February 13, 1786,
increased the number of assistant justices of
each county to four. The jury was made judges
AUTROR'S NOTE: The word "Supreme" :i:Il paragraph XI, as printed in Watkin's Digest, p. 13. is eviden:tly a typographical error. notwithstanding it appears, also, in Marbury and Crmrl'ord's Digest. page 11. unless used in the sense of superior. The marginal index in Watkin's Digest is "Superior Court Jurisdiction." Paragraph XXXVI creates the Superior Court, which 1'/9.S intented to teJce the place of the Court of Oyer and Terminer referred to in the temporary constitution proclaimed by the Provincial Congress on April 15, 1776. In the Constitution as printed ,in Volume I. p. 293. of "Revolutionary Renords of Georgia," the word "Superior" appears with marginaJ. index as fo11O'l1's: "Organization and jurisdiction or the superior court."
ell Pl'. 274-276, Vol. I. Revolutionary Records. (2'p.219. nA Digest of the Laws of Georgia", Robert &:
George Watkins, R. Aitkin, Philadelphia. 1800.

of the law, as well as of fact; but if any had any doubts as to the law they couJ.d apply to the benoh, who each "in rotation" gave his opinion. The Court of Conscienoe was continued as theretofore praotioed With jurisdiotion of causes not amounting to more than ten pounds. The legislature was authorized to provide for a register of probates in eaoh county for proving Wills and granting letters of administration. No person was permitted to plead in the courts of law of the State unless authorized to do so by the House of Assembly; but this provision was "not intended to exclude any person from that inherent privilege of every freeman - the liberty to plead his own cause." The grand jury was to be composed of not less than eighteen men, but twelve were authorized to find a bill. Their qualifications were defined by Act of March 1,
1788, as follows: "all persons returned to serve
as grand jurors at the said superior court shall every one of them have and be seized of not less than 250 aores of land, in their own right, in fee simple, fee taille,or for life of themselves or some other person, or shall be in commission of the peace."
THE CONSTITUTION OF 1789: The Constitution of May 6, 1789, provided for a superior court for
each county, to be held twice yearly, in which "shall be tried and brOUght to final decision all causes, civil and criminal, except such as may be subject to a Federal Court, and such as may by law be referred to inferior jurisdictions." The General Assembly was authorized to "point out the mode of oorreoting errors and appeals, whioh shall extend as far as, to empower the Judges to direot a new trial by a Jury within the oounty where the action originated, which shall be final. ," Courts of Merchant were continued as previously existin~, "subject to such regulations as the General Assembly may direct.'1 All causes were to be triea. in the county where the defendant or one of them resided, except oases of real estate, which were to be

- 89 -

tried where the land lay. An Aotof. Febr~ary 9, 1797, made it the duty
of the superior oourt jUdge ~~report the trial of every oapital oase, "whioh shall be pUblished in one of the publio gazettes, within sixty days after suoh trial shall have taken plaoe."
Referring to the oonstitutional provision authorizing the oreation of inferior oourts, an Aot of Deoember 23, 17g9, oreated common-law oourts, to be oalled Inferior County Courts, to be held in eaoh oounty twioe yearly. If the oase was for more than 5 pounds, an appeal lay to the Superior Court; if for more than 50 pounds, the oase might be removed to the Superior Court. An Aot of February 9, 1797, gave this oourt oonourrent jurisdiotion with the Superior Court in all oivil oases exoept land oases, with the right of appeal to the Superior Court. An Aot of Deoember 17, 1792, authorized the inferior oourts to provide for the poor, bind out orphans and levy a tax. An Aot of February 21, 1796, gave the court jurisdiction of oourthouses, jails, and the care of the poor, with the authority to levy taxes to pay jailors' fees and expenses of caring for prisoners.
An Aot of February 10, 1797, gave justioe oourts civil jurisdiotion of causes not involving more than thirty dollars, "provided that no justice of the inferior oourt, or olerk, sheriff or attorney, being a justioe of the peace, shall try any warrant or give Judgment thereon in any oivil oase whatsoever. a An appeal lay to a jury of five in the Justice Court. THE CONSTITUTION OF 179g: The Constitution of
May 30, 179g, vested the jUdioial powers of the
state in a superior oourt, and in suoh inferior jurisdiotions as might be established by the legislature. The Superior Court was given exolusive and final jurisdiotion of all oriminal oases, whioh were to be tried in the oounties
(I) p. 396, aA Digest of the Laws of Georgian, supra. ('Zlp. 636, ibid. <.3)p. 497, ibid. (4.lp. 595, ibid. (5)p. 638, ibid.

where the orimes were oommitted; of all cases respeoting titles to land; of appellate jurisdiotion by oertiorari of all inferior jUdioatories, as well as of errors in the Superior Court; of appellate jurisdiction in such other cases as might be provided by law; and authority Uto issue writs of mandamus, prohibition, scire facias, and all other writs which may be necessary for oarrying their powers fully into effect." In cases of application for new trials or oorreotion of errors, the judges were required to enter their opinions on the minutes of
(b)
the court. An Act of February 16, 1799, gave the Superior Court equity jurisdiotion.
Divorces were formerly granted by the legislature, but under this Constitution they oould not be granted by the legislature nuntil the parties shall have had a fair trial before the Superior Court, and a verdict shall have been obtained authorizing a divorce upon legal principles. And in such cases, two-thirds of ~ach branoh of the legislature may pass aots of divoroe accordingly." On December 22, 1949 , the Constitution was amended to allow divorces by the Superior Court on two ooncurrent verdicts of juries.
The Inferior Courts were given jurisdiction of "all other civil cases", but the legislature might, by two-thirds vote of each branoh, "give concurrent jurisdiotion to the superior oourts." The powers of a court of ordinary were vested in the Inferior Courts, with the right of appeal to the Superior Court, and anyone or more of them could grant temporary letters of administration "until the next meeting of said court." The Clerk could issue marriage licenses. An Act of February 16, 1799~, made Inferior Courts courts of record, and regulated prooeedings therein for the probate of wills and the administration of estates of deoeased persons.
Amendments to the Constitution in 1912 and
(/OJ p. 706. ibid. (7) p. 691. ibid.

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1819 vested_conQurrent jurisdiction in the Superior and Interi~r Courts Q!call civil cases except those involving titles to land, andmade the JUdges ot the Interior Courts elective by the people. An Act ot December 20, 1823, prohibited Interior Court JUdges, less than a majority, trom discharging or admitting prisoners to bail. Acts ot 1843 and 1847 vested concurrent jurisdiction in the Superior and Inferior Courts to grant charters to churches and other eleemosynary institutions, and to business and manufacturing concerns.
An amendment to the Constitution on December 5, 1851, provided that "the powers of a court of ordinary or register of probates shall be vested in an ordinary tor each county, from whose decisions there may be an appeal to the Superior Court, under such restrictions and regulations as may be, or may have been, prescribed by law."
An Act ot February 16, l799~1) provided tor an annual convention ot the superior court JUdges, at the seat ot government on the second Monday in January, tor the purpose of passing rules for the courts, and "tor determining on such points as may be reserved for argument, and which may require an uniform decision, and to give their opinions on all constitutional questions which may be referred to them by the executive department. "
That Act constituted a statutory form of appeal to the judges of the State in convention assembled, on "such points as may be reserved
for argument"; but it was repealed qy an Act ot
December 5, 1801, and "all pOints reserved for argument and now awaiting a decision at the seat ot government" were directed to be "sent back to the respective counties trom whence they have been sent, and there decided by the presiding Judge."
In his pretace to a volume ot decisions rendered ~n the superior courts ot the Eastern District, pUblished in 1824, referring to the
(!libid.

requirement that superior oourt judges enter upon the minutes of the court their opinions in applications for new trial and the correction of errors, Judge Thomas U. P. Charlton said:
"Decisions, therefore, upon questions of the first importance are left to float upon the memories of the gentlemen of the bar, whose recollections can be of no authority; and hence the conflicting adjudications, whioh are thus represented of the difterent JUdges ot this district, and I presume of the other distriots. It is not surprising, thersfore, that such scanty materials should be tound for a volume of reports, or that this effort of mine should be the 'coup d'essai. I In our equity practice, we have the same difficulties to contend with. The judge ot the superior courts (the highest tribunal of the State) is also chancellor." A proposed amendment to the Constitution, confirmed December 22, l835~) provided for a supreme court for the correction of errors, to consist of three JUdges to be elected by the legislature tor such terms as might be prescribed by law. However, for ten years the legielature refused to carry that amendment into effect and provide tor the organization of a supreme court. In the meantime, other volumes of superior court decisions were pUblished. In the preface to a volume ot these decisions published in 1838 by JUdge Robert M. Charlton, son ot Judge Thomas U. P. Charlton, referring to the authority of a superior court judge, the publisher said: "This legal Hercules is the ultima spes of the desponding suitor--the ne plus ultra of the zealous lawyer. His tiat is conclusive. There exists no tribunal that can correct his errors or change his decrees. "The Constitution. doea not require him to assign written reasons for his judgmenta, save on motions for new trial, but the practice in our circuit (particularly of late years) has been to give written opinions in all matters to which deliberate investigation has been bestowed. "The Constitution ot the State (as amended a tew years ago) declares that there shall be a 'supreme court tor the correotion ot errors', but the legislature ot Georgia has hitherto disregarded the solemn mandate, and refused to organize such a tribunal." On Deoember 10, 1845,(,) the legislature put
(3>. (~)p. 49, Acts of 1835. 18, Acts of 1845.

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into effect t~~ c~nstitutional amendment of December 22,1835, and provida!!orthe organization of the Supreme Court, with three jUdgee to be elected at that session of the General Assembly, and commissioned by the Governor Within twenty days after election. THE CONSTITUTION OF 1861: The Constitution of 1861 provided that the judicial powers of this State shall be vested in a supreme court for the correction of errors in law and equity from the "superior, inferior, ordinary and justices courts, and in such other courts as have been, or may be, established by law." The Supreme Court consisted of three jUdges, to be appointed by the Governor, with the advice and consent of two-thirds of the Senate, for such terms as might be prescribed by law, "removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon."
Judges of the Superior Court were appointed in the dame manner as judges of the Supreme Court from the circuits they were to serve, for terms of four years. That court r~d exclusive jurisdiction of divorce cases (total divorces to be granted only on two concurrent verdicts of juries); of criminal cases, except as relates to persons of color, and minor offenses by free white persons; of cases respecting titles to land, to be tried in the county Where the land lies; and of equity cases. It had appellate jurisdiction of such cases as might be provided by law; power to correct errors in inferior judicatories by writs of certiorari; to grant new trials in the superior court; to issue writs of mandamus, prohibition, scire facias; and all other writs necessary to carry its powers into effect.
The Superior and Inferior Courts were given concurrent jurisdiction in all other civil causes, eaoh to sit twice yearly in each county. The justices of the inferior courts and justicea of the peace were elected by the people.

'!'he powers of a court of ordinary and probate were vested in an ordinary for each county, elected by the people for terms of four years. The right of appeal from this court lay to the Superior Court. THE CONSTITUTION OF 1865: The judicial system under the Constitution of 1865 was substantially the same as under the Constitution of 1861. The Supreme Court judges were elected by the General Assembly for such terms of years - not less than six - as should be prescribed by law, for the correction of errors of law and equity from the Superior Courts, and from the ci~y courts of Savannah and Augusta, and such other like courts as might be thereafter established in other cities. There were two terms of the court yearly, and all cases were required to be disposed of at the first or second term.
The jUdges of the Superior Courts were made elective by the people, for terms of four years, vacancies to be filled as provided "by the laws of force prior to January 1, 1861." The jurisdictional provision in the Constitution of 1861 relating to persons of color was omitted. There were no substantial changes in the Constitution and jurisdiction of the other courts. THE CONSTITUTION OF 1868: The Constitution of 1868 vested the judicial powers of the state II in a supreme court, superior courts, courts of ordinary, justices of the peace, commissioned notaries publiC, and such other courts" as had been or might be established by law. JUdges of the Supreme Court were appointed by the Governor, with the consent of the Senate, for terms of twelve years. Their jurisdiction was the same as prescribed under the Constitution of 1865. JUdges of the Superior Court were appointed in the same manner as supreme court jUdges, for terms of eight years. Their jurisdiction was substantially the same as under the previous oonstitution. The General Assembly was authorized to merge the common law and equity jurisdiction in the same court. Inferior oourts

- 92 -

were abolished, their business to be transterred to such tribunals as the legislature should direot. Justioes oourts were oontinued, with jurisdiotion in oivil OBses not exoeeding one hundred dollars. If the amount involved were more than fifty dollars, an appeal lay to the Superior Court.
Until otherwise provided, a district court was established for each senatorial district to sit in each county of the district not less than once a month with authority to try criminal cases less than capital on written accusation founded on affidavit without a jury, unless demanded by the defendant when the jury should consist of seven; and with suoh oivil jurisdiotion as might be oonferred upon it by the General Assembly. By Aot of October 2g, l870~1) district courts were established and their jurisdiction defined; but that Aot was repealed over the Governor's veto by Act ot December 7, 1971:'2) THE CONSTITUTION OF 1877: The Constitution ot 1977 continued the judicial system of the State substantially as it had existed under the Constitution of 186g. The terms of supreme court justices (so-called under this Constitution) were reduced to six years, and those of superior court JUdges to four years. The provision for district courts was omi~ted. The General Assembly was authorized to conter upon the courts of common law the powers previously exercised by courts of equity, which was done by the uniform procedure act of Ootober 2, 1997~) That had not been done under the authority of the Constitution ot 1868. Total divoroes required two verdicts ot juries at different ~erms ot the oourt.
The legislature posed amendments to the Constitution increasing the number of justioes ot the Supreme Court from

three to five. The proposal of 1887 failed ot rat1tioation.*
In his resignation of the offioe ot Chiet Justioe, tendered to the Governor October 13, l89~, Chief Justice Logan E. Bleckley declared that the business of the Supreme Court had become too heavy to be adequately handled and disposed of by three justices, and added: "The fact has also been twice recognized by the General Assembly, and a constitutional amend~ent to increase the number from three to five has been twioe proposed and submitted to the people for ratification," who IIhave twioe rejected the amendment by a decisive vote against it. 1I
On December 16, 1995, the General Assembly proposed an amendment to the Constitution inoreasing the number of supreme court justices from three to six, the justices to be elected by the people. The Aot of proposal direoted that those votini for the amendment should have printed on their ballots the words, IIFor Supreme Court Amendment"; ann those voting against it, the words, "Against Supreme Court Amendment. II As thus submitted the proposed amendment was ratitied by the people at the general election of October 7, 1895. An Act of December 17,
(~)
1896, provided for the reorganization of the Supreme Court in accordance with that amendment.
By amendment to the Constitution, proposed in ~897,(1) and ratified at the general election of October 5, 1898, judges of the Superior court were to be elected by the people.
On July 31, 1906;~ the General Assembly proposed an amendment to the Constitution creating
* AUTHOR'S NOTE: A note to Seotion 2-3001. Code o
1933. and a. pllmphlet in the Sta.te Library dealing with Constitutional AmendJnl3nts. state that there is no record of the submission of the proposal of 1893 to the people. But the report of a House Committee of 1894. dtla1ing with another proposal of the sema kind. said : "As this question has only recently been submitted to the people it is deemed advisable not to immediately resubmit the same question." (~

(1) p. 32. Acts of 1870. ~)p. 68. Acts of 1871-72. (: p. 64. Ads of 1887. (4.) p. 25. ibid.
(!lip. 17. Act. of 1893.

\Q p. 42. Acts or 1896. (1) p. 16. Acts of 1897. \el p. 24. Acts of 1906. (9) pp. 37600S76. House Journals. 1894.
- 93 -

the Court ot A~peals, with three JUdges. The proposal was ratiti~d at the g!~eral election ot October 3, 1906, and its tirst JUdges were eleoted November 6, 1906. The amendment detined the class ot cases appealable to the Supreme Court and to the Court ot Appeals and authorized the Court ot Appeals to certity questions ot law to the Supreme Court tor instructions, which instructions when given are binding on the Court ot Appeals. An amendment ot August 19, 1916, increased the number of judges trom three to six.
In 19l2~) the General Assembly proposed an amendment to the Constitution authorizing the abolition ot justices' courts in certain cities, which was ratified at the gensral election ot October 2, 1912. That provision has been broadened by subsequent amendments ratified on November 3, 1914-, November 6, 1918, November 6, 1928, and November 8, 1932.
By virtue ot those amendments to the Constitution, municipal courts have been established in Atlanta, Augusta, Columbus, Macon, and Savannah, with tive judges ot the Municipal Court of Atlanta (Fulton Division), and one tor the Municipal Court of Atlanta (DeKa1b Division); three JUdges for the Municipal Court ot Savannah; and one judge each tor the Municipal Courts of Macon, Augusta, and Columbus. These courts are not of uniform jurisdiction. CONCLUSION: The simple judicial system with which the Colony ot Georgia was projected in 1733 has developed in two hundred years into the State's present broad and complicated system.
For the correction of errors, the State has the Supreme Court with six justices, and the Court ot Appeals with six JUdges sitting in two divisions. There are 181 publiehed volumes ot Supreme Court decisions, and 51 volumes ot Court ot Appeals decisions, and each set is increasing at the rate of about two yearly.
There are 39 superior court JUdges in the
(I) p. 30. Acts of 1912.

State presiding over the superior courts of its 159 counties; and there are 64 city court judges, presiding over as many city courts, with jurisdiction of var10us amounts and with ditterent rules of practice.
An Act ot January 19, 1972,m SUbsequently amended, provides tor the creation ot county courts upon the recommendation of the grand jury, except in Walton County and those counties haVing a city court or county court then existing. These oourts have common law jurisdiction ot cases of contract and tort, where the principal sum claimed doesnot exceed tive hundred dollars, and ot misdemeanors. Where the principal sum claimed exceeds fifty dollars, the right ot appeal to the Superior Court exists. There are a number of these courts in the State.
There is a Court ot Ordinary in each county of the State exercising jurisdiction of estates ot deceased persons, minors and lunatics, with other statutory authority.
In each militia district of the State there is a justice's court and a Notary Public, exofticio Justice's court; the justices of the peace being elected by the people ot their respective districts; and the Notaries Public, exofficio justices of the peace, being appointed by the judges of the superior courts on nomination ot the grand jury.
Other statutory courts have been established with varied jurisdiction for the trial of civil and misdemeanor cases. The Criminal Court ot Fulton County is a type ot these courts. It tries misdemeanor cases only, and is assisted by the judges ot the Municipal Court of Atlanta. Other courts ot the kind have both civil and criminal jurisdiction.
A radical departure trom the tormer method ot handling certain classes ot personal injury cases may be found in the Act of August 17, 1920, known as the Georgia Workmen's Compensation Act. That Act was benevolent in purpose,
~)p. 288, Acts of 1871-72

- 94 -

and not only oreated a speolal court for the easy and speedy_, adjudlcat.;on of personal lnjury oases by employees agalnst employers, but had as lts purpose the establlshment of a more humanltarlan rule of declslon ln such cases. Under lt the amounts recoverable ln some cases may not be as large as mlght otherwlse have been posslble, yet recovery may be had under circumstances whlch would not have been posslble under the general law.
For 175 years no legls1atlve polloy was Inaugurated in Georgla looklng toward the rehabllltatlon of the character of persons charged wlth orlme. Such cases were not vlewed as soclal problems, to be dealt wlth as such. Persons convlcted of crlme were regarded as a menace to soolety, to be punlshed for their orlmes, that they themselves, as well as others by thelr example, mlght be deterred from commlttlng orimes ln the future. Hence, long terms of punlshment - longer than are now deemed neoessarywere the rule.
On September 4, 1906,(1) the legls1ature es-
(I) p. 1107. Ac-ts of 1908.

tabllshed ohildren's oourts as branches of the superior oourts. But on August 14, 1915;2) the supreme oourt held that Act to be unconstltutlonal. Subsequently, the legls1ature passed the Aots of August 16, 1915, and of August 19, 1916, whlch provlded for juvenl1e oourts ln each oounty of the State, wlth jurlsdlotlon over de11nquent ohl1dren under slxteen years of age.
Juvenile Courts have been establlshed under these Acts, the larger oountles having salaried jUdges and pald probatlon offloers. Those oourts are doing the most oonstructlve work of any in the State. That of Fulton County alone handles 200 oases monthly.
In 1913, 180 years after the foundlng of the Colony, the legls1ature provlded for the probatlon of adult offenders.l~) In pursuanoe of that Aot, the larger oountles have establlshed adult probatlon offlces, wlth salarled offloers; and in the smaller oounties the courts are probatlng offenders to the oare of indivlduals who are willing to assume that obllgatlon without pay.
(1)143 Ga 822. Law VB lIccord.
~p. 112. Acts of 1913.

- 95 -

ChaptfaXI b.PENSE OF T~E GEORG-IA COUR.T SYSTEM

Among the most pertinent questions raised by a tax payer regarding any funotion of government are the efficiency of its operation and the cost to him. Preceding chapters have detailed the operation of the criminal courts, and in this chapter. effort will be made to discuss vital features affecting the cost of the present system. The criminal courts of Georgia are maintained by revenues from the state treasury, from county treasuries, and from direot fees and assessed costs paid by those convicted in the courts. Although effort has been made to reward each official in proportion to the value of service which he renders, there is a wide variation throughout the state in the amounts paid for similar service. Some officers are paid salaries by the State, others receive payment from the county. and the large majority receive remuneration on a fee basis. Due to the fact that no oompilation of these costs is made annually, and that. so few counties handle the expenditures for the judicial system in the same manner, it is impossible to determine with any degree of accuraoy the actual costs of the courts to the people of Georgia. The purpose of this chapter is, therefore, to give an epitome of some of the items of expenditure for whioh direct provision is made in the Code, and from which it may be possible to estimate the cost of a speoifio court in a given locality, rather than an attempt to arrive at the actual cost of orime t~ the State.
For the operation of each oriminal court of trial grade, it is necessary to have a JUdge, a prosecutor, a olerk, and an exeoutive offioer. These four constitute the irreduoible minimum, but only rarely oan a trial oourt funotiorl with suoh a skeleton staff. When oourt is opened, usually all officials oall for suoh assistants as may be neoessary and for whioh provision is

made by law. For inferior courts, the number is relatively small, but for Superior Court operations, to the above named essential officers, there must be added bailiffs, grand jurors, petit jurors, and a reporter, as well as witnesses for the State, and usually, tales jurors. It is qUite likely, therefore, at any session of the Superior Court, that more than fifty persons will have to be paid for services therein, and otten this number will be greatly augmented for the trial of an important case.
The only trial oourt offioers whioh universally reoeive salaries from the State treasury are JUdges and solicitors general of the Superior Court:U In the county and oity courts, the looal governments pay suoh officers as are on salary~) while, for the Court of Appeals and Su-
(3)
preme Court, all oosts are borne by the State, and oourts of inquiry are supported by fees alone:~ Provision is made in the Code for Superior Court JUdges to reoeive $5,000 from the State, but in some of the larger counties, this salary is supplemented by an additional amount from the oounty treasury (see Appendix E, Exhib-
it 5). The result is that not even judges of
the Superior Court reoeive uniform remuneration. There is an even wider variation among the
judges of the inferior oourts where the range is from $600 to $9,OOO~) It is true that meager emoluments are paid in the smaller oounties, while full time judges in the populous oounties reoeive salaries somewhat commensurate with that of the JUdges of the Superior Court, but suoh does not acopunt in full for the salary differenoes. Some I}alarie~:, "ere set by ths General Assembly and som6 by the ~~erning bodies of the several oounties, and no effort has been made to
(ll Sees. 2-4001;24-2606;24-2904 Ga. Code 1933. (2) See Various Acts Creating City Courts. (3) Sees. 24-4005;24-3503 Ga. Code 19~3. (4.> Sec. 24-1601 ibid. ~) See Various Acts Creating City Courts.

97 -

establish uniformity.

the case may be lateJ:' nol'prossed, which event

The same praotioes exist -~~ regard to the entitle~ him to a fee ot twenty-five oents.~'

proseouti~ offioers in the oity, oounty, and

The differenoe in the fee allowed for a fel-

superior oourts, even though in the latter oourt ony oharge and a misdemeanor oharge has given

an annual salary of $250 is provided from the rise to a critioism that some solioitors have

State treasury~~ This amount is supplemented by attempted to obtain felony indiotments regard-

fees paid by the State if it beoomes neoessary less of the gravity of the offense involved. The

for a oase to be litigated in the appellate oourts~) Solicitors in the city oourt are paid

speoial treatment given b,y the legislature to oharges ot "assault with intent to murder",

either from the county treasuries or on a fee whioh are reduoed upon trial to misdemeanor

basis. When this latter is the case, the same orimes, may have been adopted to ourb suoh prac-

fees are paid them as are provided by law tor tioes if they ever e~isted. In the oounties

the solicitor general (prosecutor of the Superior Court);~ In many circuits, it has been found

studied, there were 6,130 oharges ot assault with intent to murder, in whioh 3,791 oame to

advisable to place that officer on salary and trial. Conviotions of the orime charged result-

have the tees otherwise due him paid into the ed in 1,065 oases, and oonviotion of "assault

oounty treasury, but even then, the salaries and battery' or of a aisdemeanor resulted in

have not been uniform. It is customary where a 1,822 cases. The peroentage given misdemeanor

ohange from tees to salaries has been made that punishment is muoh greater than the average for

eaoh oounty of the circuit oontribute a prede- all orimes a8 shown by Appendix F, Table 21

termined amount to the salary of the solioitor (table of felony punishments)

general, but that amount has not always been in

Most of the clerks of the Superior Court are

proportion to the time and servioes rendered the several oounties of the oirouit. The number of

oompensated by fees, but a few reoeive salaries
(~
whioh vary from $2,400 to $9,000 per year. As

those on salary has been inoreased until now al- in the case of the solioitor general, when the

most one-half or them are paid b,y this method.

olerk is paid a salary, fees whioh would other-

Fees for this offioe vary with the duty pertormed. For every prosecution of a oapital of-

wise aoorue to him are paid into the general funds of the oounty:~ The fees to whioh a olerk

fense, a solicitor general is entitled to a fee is entitled in a oriminal oase total $6.00 for

of $50.00; for the prosecution of any other fel- eaoh oase brought to trial, to plea of guilty,

ony or of the charge of gaming, to the point of or to settlement; $3.00 for each case in whioh a

trial or to a plea of guilty, he may reoeivea nol pros is entered; and fifteen oents per hun-

tee of $25.00. An exception to this is made in dred worde of transoribed evidenoe!1) In oounties

the case of an indictment for "assault with in- having a population of less than 50,000, the

tent to murder" and oonviction of "assault and battery" or "simple assault", in which case the fee is $5.00. An equal fee is allowed for the

olerk is entitled to $5.00 for eaoh day's at-
. tendanoe at oourt!ro Exoept in the large oity
oounties, the olerks of the Superior Court are

prosecution of all other oases to trial or to usually ex-ofticio olerke of the city or oounty

plea of guilty. In addition, the solioitor gen- oourts, but where the two officers are separated

eral may col1eot $5.00 for each indiotment or and the olerk of the Superior Court reoeives a

presentment made by the grand jury,
~) See Various Acts Creating City Courts. (~ Sec. 24-2906 ibid. (~) See Various Acts Creating City Courts.

even though

(<\.1 Sec. 24-2904 ibid.
(5) See Various Ac1;s Relating 1;0 Coun1;y Officers. (b) ibid. (1) Sec. 24-2727 Ga. Code 1933. (6) Sec. 24-2228 1b1d.

- 98 -

salary, the corresponding officer of the inferi-
or oourt - Is generally paid a oommensurate sal-
ary. The fees' in the inferior oourts are the same as in the Superior Court for the olerk, as well as for the solicitor.(l)
Except in the larger counties, the sheriff is usually a fee paid officer. With one or two exceptions, he serves all the trial courts of his county, and when on salary, the double duty is taken into oonsideration. Due to the difference in law enforcement problems within the several larger counties, no uniformity of salaries exists for the sheriff or his under-deputies. The fees, however, are uniform throughout the State, and in criminal cases are:~)

Removing prisoner 'When habeas corpus is sought
for his release. . .'. . . . . . . . . . . . Remo;ing pr~sone~ under habeas corpus, when no
1IU1eage J.s paJ.d . . . . . . . . . . . . . . Personal services rendered out of the county on
authorized official business. per da~ . . Attending person taken bor _rrant to judge' 5
chamber for each ti~e. . . . . . . . . Conducting prisoner before judge or court to
and from jail. . . . . . . . . . . . . . . Executing and returning a bench warrant. . . fpprehending a person suspected, if conmtittcd
or held to bail . . . . . . . . . . . . . Each person, not exceeding two, who may be em-
ployed to guard a prisoner to and from jail, per day ....... Summoning each witness Taking bonds in criminal cases. Executing a criill.nal . . . . . Executing a 'I're.rrant of escape.. . . . . . . Services in every criminal case before a judge or
" judge and jury. . . . . .

. 11.25 . 2.00
1.25 3.00 3.00
1.50 .50
. 2.00 .10.00
1.00 2.00

In addition to his duties as executive officer of the court, the sheriff is generally jailor of his county.(3) In this office, he receives a turnkey fee of sixty cents for admission, release, or conducting a prisoner before the court, as well as monies for feeding prisoners, which are set by the governing body of t~e county and paid from its general fund.~
Attached to each Superior Court is a reporter: who, for counties where the court is in constant session, is paid a salary ,rs and tor the other counties, receives fees trom the county treasury upon order of the jUdge ?f the court.(,.)

For the trial oourts, juries are prOVided and serve such times as called for by the jUdge. In the city court, the number of jurors necessary to constitute a trial panel varies with the specific court and may be as few as five or as great as twelve.tll The trial panel in the Superior Court varies with the type of cases, 48 juro~s being allowed for felony cases, and only 24 for misdemeanors. If, for any reason, the number of jurors on the trial panel is reduced below the necessary size, the jUdge may order the sheriff to supplement the panel by tales jurora~ These are summoned for a special case, and serve through an emergency. Each juror is paid a per diem for service he renders which may consist of either merely reporting ready for duty or in hearing numerous caaea.
In the city court, except for aome of the larger centers, a jury is not convened until after one has been demanded in the trial of a case, while in the Superior Court, both the trial jury and the grand jury report at the opening of the session. The trial jury will likely remain until court is dismissed, and for the courts constantly in session, it means that a jury panel is always ready.~ The grand jury, consisting of from 18 to 23 members, may complete its business after a day or two and recess, or it may continue in session more or l~bd constantly~~ Records in rural counties indicated many grand juries were excused after serving only two days of a session. It is customary to have a bailiff to serve each jury. In the rural counties, this officer receives the same per diem as the jurors, Which is either $2.00 or $3.00, as determined by the governing body of the county. (11\
It is customary in this State that witnesse9 residing in the county where the court 18 held shall not be paid, but remuneration is prOVided

U) See Various Acts Creatine City Courts. (2) Sec. 24-2833 Ga. Code 1933. ~) Sec. 77-1Ql ibid. (4) Sec. 34-3833 ibid. (5) S.,e Various Acts Crflating City Courts.
(")5ec. 24-3104 Ga. Code 1933.

rn See Various Acts Crflating City Courts. @ Secs. 59-801;59-708 Ga. Code 1933. ~lSec. 59-204 ibid. n~Sec. 59-202 ibid. (Ill Sec. 24-3202 ibid.
- 99 -

for those residing elsewhere. A small mileage allowance not exceeding four cents per mile to and from their homes to court is granted, in addition to the maximum per diem of $2.00~) The courts have inherent authority to grant fees to expert witnesses where such testimony is necessary for adequate presentation of the case for the state.
Payment for witnesses, Jurors, court reporters, and sums for feeding prisoners, come from the general fund of the county and all other tees are theoretically assessed upon the defendant., if he is convicted;') If the defendant is acquitted, or a sentence given which does not include the cost, the fees are classed as insolvent and can be collected from the Insolvent fund of the county:3) Where costs are assessed as part of the sentence, the defendant is supposed to pay them to the clerk of the court who dlsburses the monles to the officers entltled to them. Where a flne is assessed, it ls also collected by the clerk and ls placed In the Insolvent tundJ~ which accumulates, in theory, from the excess of flnes and forfeitures over fees which encumber It. Actually, payment of coste in State courts is relatively rare and most costs become insolvent. Due to thls, it not Infrequently occurs that the amount of the insol~ vent fund is Insufflclent to pay all the fees which are due the various court officers. When this happens, the fund is disbursed in the same ratl0 as the fees of each officer bear to the total owing.
The toregolng makes it evldent that ascertalnment of the total costs of operatlng courts or the cost of an average case is a vlrtual Imposslbl1lty. This cost varies from county to county to such a degree that It Is doubtful If a true flgure can ever be reached for the system now In practice In thls State. It Is posslble,
iI) Sees. 38-1902;38-1905 ibid. ~ Ante; 27-2801 ibid. (3) Sec.. 27-2903 ibid. (4) Sec. 27-2902 ibid.

however, to a certaln extent, to determlne the

mlnlmum cost of a felony or a misdemeanor case

by the use of the amount of fees allowed the

several otficlals for varlous steps of the pros-

ecutlon ot the case for which a Jury Is not Im-

panelled. For example, the first steps In a

crlmlnal case are the Is8uing of a warrant, the

arre8t, and the commltment hearlng. If a8 many

as three wltnesses have been examlned, the fees

due the justice of the peace are $3.75, and to the constable $2.00, maklng a total of $5.7~~.

If the case is a mlsdemeanor charge and 18 bound

over to a clty court where all offlcers are on

fees, the following sums wl11 be due to the several officials for the servlce Indicated:~

The Solicitor: Drawing the accusat.ion . . . . ~5.00

Carrying the case to trial or to

plea of guilty. . . . . . . . . 5.00 The Clerk of the Court: writillg up a case brough'<'

to trial or plea of guilty 6.00

The Sheriff: Conducting the prisoner before court 1.25

Summoning threee witnesses

1.50

Services before the judge.

The Jailor: Turnkey fee

Total before the court. .

., . .

2.00 1.20 21.95

Court of inquiry costs. . . . . . . . . . . . . . 5.75 GRAND TOTAL . $27.70

Had the case been tried In the Superior

Court, the cost would have been the same, ex-

cept that the accused would have probably given

ball for whlch the sherlff would have been entltled to an addltlonal $2.00 fee~1) Had the case

been a felony, the cost In the Superlor Court

would have been Increased, due to a difference

In the solicitor's fee, to $49.7 for an ordinary felony and $74.70 for a capital felony.~

It must be remembered that these figures are

the absolute mlnimum and do not include the cost

to the county for servlces of the grand jury In

returnlng the Indlctment, If the case were In

the Superlor Court; nor the cost of the petlt

jury If the case were trled before one. Neither

does It Include the cost of the State's wltnes9,

nor the proportlonate salary of the judge and

per dlem of bal1iffs, the cost to the State for

the General Assembly
(5) Antel Sec. 24-820 ibid. (IQ) AItte. (1) Sea. 24-2823 ibid. (8) Ante.

In.. ~~is~_at~ng

crlmlnal

- 100 -

laws, nor_allY. of the indirect expenses of a criminal casesuch as ~1tenance of the jail and feeding the prisoners, the proportionate maintenanoe cost of the court house and other buildings connected therewith, depreciation on such property, and miscellaneous expenses such as books, dockets, papers, forms, et cetera. There is absolutely no way of apportioning the cost of these items to an individual case; nor is there any workable method whereby even the total of such expenditures can be estimated.
For the year 1935, one of the larger counties of the state paid from the county treasury $92,S13.57 for the tangible charges easily ascertainable for the criminal division of its oity and Superior Courts. The figure included cost of the following officers, and no other:

the solicitor, clerk, sheriff, county police, juries, witnesses, city court judge, and the feed of prisoners; and represents a total cost of $1.20 for every man, woman, and child in that county. This figure mayor may not be a fair sample for the State, but if it be taken as such, then, for the State of Georgia in 1935, nearly three and a half million dollars was spent for those tangible items of the cost of the criminal courts of trial grade. If it were possible to obtain and add to this figure the indirect costs heretofore mentioned, plus the cost of the criminal side of the appellate court, and the crime detection and law enforcement agencies, exposition would be made of the toll taken by crime which would be profoundly startling.

- 101 -
,

CONCLUDING- STATEMENT The Survey of Oriminal Oourt Prooedure in Georgia was designed to study the oases passing through the court system of the state. Those who instigated and oonducted the surTey felt that reoommendations and suggestions for improvement of the oriminal oourts and their procedure was not within the scope ot the study. Reforms may be needed, or it may be that any deteots which exist are inherent in the undertaking ot a state to deal with crime and, therefore, oan not be eliminated. It is felt, however, that the tindings ot this surTey will turnish material to the proper authorities by whioh they oan Judge whether the workings of the machinery have been luccessful. Upon this decision rests the question of whether or not there is need tor revision ot the courts' structure.
- 103 -

ApPENDIXES

county
Age D&te Committed Date Released Charge Filled By Edited By

AppeNDIX A
-':Exhibit I (Schedule used for ini'orme.tion from the sheriff's office)

state vs

Sex:

Male 0 Female 0 N.A.O
Process on which cammitted

Process on which released

Time in jail

Jail Docket - 3chedule I

_

Race: llbite 0

Black 0

_

_

_

l:,a1:e

_

Date

_

Exhibit 2 (schedules used for ini'onnation from the. trial oourts)

county.~
Case llumber Crime oharged wi:th

Court >tate vs

Superior Court - Schelule 2

_ Term

_ year

_

Attorney 0

Not Represented 0

_

Sentenced for

_

Plea: Guilt)" 0

Bot Guilty 0

Date

_

Verdict:

Guilty 0

)lot Guilty 0 Date

_

Motions: Made: Demurrer 0 Change of Venue 0 To Quash 0 Demand for TrialO 0ranted 0 Over-ruled 0

nate

_

Dispositions: Ccnpletec 0

Appealed 0

rending 0

ProbationO

Suspension 0

Dead Dooket 0

Nolle Prosequi 0

Released on Demand for Trial 0

nat.e

_

Probation RevokedO

Suspension Invoked 0

Sentenoe

_

Remarks

_

Time between dooketing and trial

Time between plea and sentonoe

_

County Worker

Date

"':ditor

Date

_

County Case Number Charge

court state v8

City Court - Sch611ule 20.

Honth

year

_

Attorney 0

1I0t Representod 0
_

Plea: GU11tyO Not GuiltYO

D&te

_

0 Tried By: Judge

Jury 0

Dat,,

_

Disposition:

Defendant:

Convioted 0

Acquitted 0

Dismissed 0

Case: Completed 0 Appealed 0 pending 0

Suspension 0

0 Released upon Demand for Trial

probationO

Dead Dooket 0

Nolle Prosequi 0

Date

_

Sentence

Date

_

R_rks

_

Time between docketing and disposal County Worker

Date

Editor_'

_

D&te

_

- 107 -

Exhibi'l: 3

Appella'l:e Courts - Sohedule 3

S'l:ate vs

- - - - - - - - - - - - - - - - - - - - CotUr!;y"--

_

Charge

Da'l:e Bill of Elcoeptions Filed

_ Da'l:e of Deoision

_

Dispositionl Affirmed 0

0 Reversed

Remanded for New Trial 0

other_.

_

Certiorari 0

Date Filed,

_ Disposition

Da'l:e

__

Sohedule Filled 13;' Edited ~

Da'l:e'~
Datel

_ _

Name

Exhibit 4

Prison Commission - Sohedule 4

Reoords and Disposition of Felony Sentenoes

Color Sex

Escape Recapture

\'I N MF Age Date Da'l:e

Crime

County of Conviction

1------

-

Sentence

Min.

Max.

-

Date Recei...ed Discharged Pardoned

DIS P 0 SIT ION COlIIIIIIlted Parolled Died

(Dste)
InS8Jl8

other

,

- 109 -

ApPENDIX B
TABLE 1*
FELONS ADlJITTED TO THE GEORlIlIA PEluTEllTl:All,Y By Ages of Admission
JaDUary 1, 1926 - December 31, 1935

Ages
11 12 13
14 15 16
17 18 19
20 21 22
~3
24 25
26 27 28
29 30 31
32 33 34
35 36 37
38 39 40
41 42 43
44 45 46
47 48 49

To1;a.l
1 6 14
59 131 445
834 1,069 1,291
1,181 1,170 1,207
1,061 863 779
723 617 633
507 47'1 293
352 307 269
360 196 182
232 240 221
99 138 116
72
127 70
74 74 86

Males Whi1;e Negro

1 5
2 12

5 50 20 99 91 339

237 573 294 764 427 822
38j. 764 355 785 3;9 830
318 710 298 534 262 500
230 471 208 391 233 385

178 314 166 294 133 152

105 240 119 174 133 132

110 237 79 109 84 93

93 132 96 139 67 147

47 52 81 57 46 68

30 42

42

80

34 35

40

34

28

44

33

52

Females Whi1;e Negro

1

4
1 11 2 13

3 21

~

17

9 33

1 35 3 27 2 26

4 29 5 26 1 16

3 19 2 16 1 14

5 10

3 14

2

4

7

3 11

1

3

5

8

3

5

3

2

1

6

2

3

2

5

1

1

2

3

1

1

1

1

* Source: Records of 1;he Prison Commission.

Ages
50 51 52
53 64 55
56 57 58
59 60 61
62 63 64
65 66 67
68 69 70
71 72 73
74 75 76
77 78 79
80 81 82

To1;a.l
92 45 85
68 53 52
52 39 26
26 40 24
23 26 15
22 9 6
8 11
7
3 4
7 3 4
1 2 1
2
2

84 85 86 98
TarAL

1
1 1 1
17,336

Males Whi1;e Negro

39

50

20 25

30 55

23 45 19 34 19 33

25 27 12 26 12 14

8 18 20 20 10 14

15

8

11 14

4 11

9 13

7

2

4

2

6

2

6

5

2

5

2

1

1

3

2

4

3

2

2

1

1

1

1

2

2

1 1 1 1
5,767 11,095

Females Whi1;e Nel,';ro

2

1

1
1

1

81 393

-109 -

'!'ABLE 2* PERSONS JAILED By Crimes ot lIhich Aceused 29 Georgia Counties January 1, 1~26 - December ~l, 19~5

CRIMINAL HOMICIDES Murder Involuntary Manslaughtsr Voluntary Manslaughter

Total
2,~94
2,0'77 205 112

CRIMINAL ASSAULTS Assault with Intent to Murder Shooting at Another Stabbing Mayhsm Assault and Battery Wite Beating Pointing Pistol at Another Assault, simple

15,134 4,414 879 2,040
23 4,957 1,502
99'1
~22

CARRYING DEADLY WEAPONS

4,40~

OPERATING AUTO WHILE DRUNK

6,443

DISTURBANCES OF PUBLIC PEACE Drunkenness Vagrancy Hoboing Malicious Mischief Other Disturbances

12,685 6,140 3,592 1,521 516 916

ROBBERY

2,866

BURGLARY

8,278

LARCENIES Larceny ot Automobile Larceny trom H~use Larceny trom Person Larceny of Live Stock EIltbazzlement La~eny Atter Trust ~eny of Chickens Larceny of Bicycle Larceny, simple Larceny of Cotton Other Larcenies Attempt Larceny Cheating and Swindling DefraUding Board Bill Passing Worthless Checks Larceny trom Automobile

52,273
~,820
6.730
311 497 115
2,191 415
137 4,225
92
7,735 182
4,528
159
418
718

FORGERY

1,142

NON-SUPPORT Bastardy Abandonment

4,146
1,340 2,806

SEX CRIMES Rape Assault with Intent to Rape Seduction Adultery and Fornication Public Indecency Sodomy and Beastiality Incest Operating Lewd House

4,308 536 446
293 2,350
289 168
10 216

GAlI6LING Lottery Other Types of Gambling

6,994
3,038 3,95A

VIOLATION MOTOR VEHICLE LAW

2,665

VIOLATION PROHIBITION LAW Possessing Liquor Selling Liquor Manufacturing Liquor Other Violations

42,739 5,242 402 854
36,241

MISCELLANEOUS CRIMES

28,641

~son

197

Bigamy

166

Bribery

36

Perjury

253

Rioting

166

Felony

4,394

Misdemeanor, miscellaneous

1,446

Misdemeanor, blanket charge

20,618

Obtaining Money under Fa~se Pretense 133

Escaping

569

Faloe Oath

85

Kidnapping

226

Blackmail and Extortion

33

Cruelty to Children and Animals

70

Violation ot Game Law

249

'J'R1f

175.111

* 80uro.: Ja11 dockets of the counties.

Baksr
19 19

llibb
149 129
6 14

Bulloch

Chatham Cherokse

Carroll

Chattooga

Clarke

52

8 184

1

3

69

49

8 154

1

:3

54

-

-

17



-

3

3

-

13

-

-

e

Coweta
45 40
1 4

Crisp
23 22
1

113 921 314

38 1,284

8

7 151

271 227

72 234 114

30 386

3

5

56

82

42

16

73

18

2

23

6

30

2 216

19

403

16

44

9

-

19 297

86

11 4 323

2

51

71 143

1

62

39

2

7

7

20

6

3

37

10

2

28

131

1

4

8

12

7

7

~2

20

11 676 119

690 14

38

75

79

4 274

21

249

3

56

123

16

31 700 131

~1

142

81

192

154

73

139

50

9 390 19

9

70 14

121

2

64

22

3

113

6 289

3

74

3 149

43

8

15

336 130

275

5

13

24 105

6

18

20

8 276

16

7 371

4

10

7

15

56 767 135

71 962 18 17 124

140

91

155 2,160 686

- 197

22

1

59

28



13

20

23

93

7

2

49

8

47

53

37 2,180 22 12 4A2

3 322 11

2

40

8 434

1

105

37

4

36

2

6

1

2 1S6

22

7

597 577

35

25

57

31

4

4

13

7

2

7

34

34

6

12 15$1

93

1



16

111 1,198 230

-

7

7 182 125

1

10

10

2

37

6

5

97

7



11 634

-

85

1 304

7

11

21

2

66

6 10 162

1

54

13

6

1

155

65

17

4

186 343

62

26

15

26

12

4

7

58

43

5 108

1

2

14

15

11

132

34

20

3

112

31

48

37 15

6

48

31 If>

112

88

14

64

47

14

48

41

9

205

1~4

5

47

7

38

13

3

21

31

1

45

59

45

9

2

2

9

1

4 174

"

9

44

1

39

2

2

14

2

38

5

1

7

2

4

6

22

3

3

12

47

5

2

16

5

90

30

18

4

12

4

1

3

57

17

2

2

13 189 132 13 1a9 132

4 115

7

1

3 115

7

31

104

60

31

104

60

3 145

58

54 1,599 388

42

:3

93

3

2

45

4

-

38

5 1,594 212

158

1

60 509 29

39

10

2

4

19

10 15

499

47

33

6

341

589 341

312

15 262

19

8

28

7

50

49

3

516

2

424 1,334 554 750 379 148 796 1,764

-

17

19

3

4



1

2

12

4

3

3

1

2



5

2

11

16

13

12

18 12

8



24

36

27

8 275

47

11

3 85 353

2 134

28

2

93 38



42

384 713 414 686

11 81 702 1,313

1

21

6

2

4

4

87

10

-

3

-.186

1

7 1

4

15

13

9

3

7

282 544

2,

8

7

3

12

12

8

22

13

228 478

2 6

9"

1

3

-a

6 II

4 7

9

31

7

1

2

1

6

4

907 9,585 2,807 1,041 7,7\1~ 293 856 3.562 2,795 2,164

DeKalb Dod.s.e

72

42

51

40

14

7

2

625

176

121

71

43

3

63

5

1

189

62

79

27

33

3

96

5

207

42

759

16

1,024

337

844

302

24

7

6

28

4

128

18

153

7

491

113

934

467

210

8

142

6

2

17

68

2

55

2

52

7

11

72

4

14

276

346

2

1

42

17

1

27

7

10

31

19

237

59

78

159

59

1,298

63

M

13

36

7

9

10

1,166

25

36

16

1

1

7

494

60

190

304

60

372

5

1,494

509

1,151 , 89

425 71

141

6

113

7

1,849

599

9

3

14

1

11

12

17

285

19

61

14

1,390

489

.3

2

33

26

2

3

5

7

2

4

34

2

10,040 2.514

- 110.

Floyd Fulton

72

952

67

766

158

5

28

361 7,654

82 1,567

24

524

39 1,047

9

127 2,870

35 1,022

16

565

38

50

Glynn

Houston

Lowndes

Madison

Habersham

Liberty

McIntosh

38

35

32

4

12

18

8

33

34

31

4

12

17

8

2

3

1

1

1

178

96

198

16

86

67

91

8

7

1

18

18

6

21

4

1

43

2

46

3

9

1

14

1

6

1

8

8

18

47

54

21

2

4

2

1

8

1

14

24

2

2

1

12

4

6

Musoogee
160 153
2 5
1,084 571 26 24
269 100
91 3

Peach
30 30
185 54 17 29
67 6 8
14

73 1,695

23

17

56

11

13

34

256

46

316 3,576

102

3

7

4

48

622

764 4,666

181 121

47

3

51

27

220

1,418

105

375 1,956

161 108

13

2

22

158

1,044

18

22 2,210

14

4

24

3

1

28

278

1

347

21

6

3

48

11

52

5

294

2

13

45

15

185

6

3

5

1

4

10

51

34

44 1,514

36

3

20

6

4

129

13

142 2,630

136

42

112

12

22

12

610

129

567 16,223

584 165

262

17

92 2,170

98

3

9

3

36 4,074

31

6

2

177

3

1

10

68

8

23

2

84

7 1,453

26

1

3

4

103

18

1

124

97 1,140

4

11

164

1

9

7

249 2,841

295 136

3

9

78

20 3,216

60

1

37

2

25

13

2

18

19

39

7

2

663

8

76

158

2,456

397

1

3

2

279

25

2

1

19

842

24

32

3

9

22

12

6

1

1

1

157

16

3

2

16

1

1

10

85

746

170

3

4

2

47

1

99

63

8

2

4

37

144

42

1

4

10

1

113

10

1

5

2

19

561

26

7

5

1

42

7

91 2,680

10

1

17

939

1

74 1.741

10

4

29

4

29

14

308

:3

99

11

219

78 1,468

37

38

14

13

170

7

8

5

9

183

7

8

4

24

95

6

3

1

30

674

16

17

3

127

78

1

1

5

2

136

2

8

4

21

252

29

3

8

42

11

19

4

4

2

8

6

1

3

3

138

8

1

1

4

4

39

1

3

1

99 4,880 2,835
99 2,045

1

2

17

1

2

17

2

75

2

75

472

47

472

47

42 1,255

21

1

8

103

15

244

29

1,004 26,071

524 118

122

8

448

40

69

4

29

32

1

33

23

26

33

4

494 26,976

498

15

422

68

280

3,809

334

53

236

1,263

1

2

6

8

1

3

70

28

10

38

2,478

304

1,888 4,134

296 220

212

37 1,134

118

870

10

54

8

1

8

4

63

8

4

1

1

29

6

96

2

3

2

2

23

2

21

7

2

3

209

560

11

5

13

168

10

150

30

636

23

1

3

20

17

1,6':2 2.366

192 178

166

37

965

3

1

61

686

1

16

55

21

2

1

1

76

9

84

4

4

7

32

1

2

15

1

1

3

1

62

23

3

19

12

318

131

17

3

13

3

9

24

4

119

45

61

47

26

10

24

6

14

3

10

3

1

7

5,560 79,959 2,193 869 1,402 112 1,273

497 1,797 12,180 1,526

Taliaterro

Riclunond

Taylor

216

1

35

201

1

36

Titt
16 16

15

Ware Troup

89

19

80

19

1

8

462

26

94 203 334

4

319

14

70

69 177

5

3

2

13

21

25

4

4

12

19

1

68

4

16

72

92

2

23

2

23

11

1

21

10

13

1

4

1

1

107

17

18

40

34

12

62

5

19

46

67

1

557

14

38 412 328 331

90

9

38

51 229

16

429

39

27

1

4

301

18 314

4

4

5

30

5

17

49

178

7

18

19

1

925

11

61 153 284

12

1,837

24 105 550 530

15

154

2

3

30

71

'/01

7

22

77

14

30

1

20

1

14

29

2

108

21

32

8

52

2

1

597

11

44 180

60

2

3

7

107

2

34

71 260

3

1

77

2

28

35

9

4

8

19

1

69

10

8

4

11

80

4

50

24

2

137

1

:3

4

74

J.4

1

3

4

6

14

106

68

131

21

58

85

7

47

8

8

19

1

29

5

5

18

13

4

11

14

4

5

3

23

14

2

6

3

8

12

1

3

4

1

19

5

7

94

8

16

37

24

11

12

82

8

16

37

24

11

65
2,524
116 2,408 7,675
22 3

3

29

11

11

n

116 481 740 236

':'9

43 425

3 236

3

37

12

9

22

19 129

51

596

33 367 423 165 1,197

2

5

1

2

6

5

1

4
1,823 32
6,718 4
57

2

1

1

4

2

11

45

263

4

7

29

31

23 333 267 105 932

1

40

1

1

4

4

8

6

12

9

7

2

1

2

4

18

4

1

15,060 234 904 2,520 2,803 1,87;:J:

- 111-

TABLE 3*
1I0NTH B'1 iII0NTR VARIATION OF PF'IlSONS JAILED By Crime of which Accu$ed 12 Counties of Georgia
January I, 1926 - December 31, 1935

January

March

May

July

September

November

Total

February

April

June

August

October December

Adultery and Fornication

Number

970

55

83

68

79

79

80

89 115 116

86

67

53

Percent 100.0 5.6 8.6 7.0 8.1 8.1 8.2 9.2 1l.9 12.0 8.9 7.0 f'.4

Assault and Battery

Number

3,765 255 218 277 300 W

356 393 403 365 340 277 264

Percent 100.0 6.8 5.8 7.4 8.0 8.4 9.5 10.4 10.7 9.7 9.0 7.4 6.9

Assault with Intent to Murder Number

3,140 218 210 238 246 253 275 259 337 310 307 236 251

Percent 100.0 6.9 6.7 7.6 7.8 8.1 8.8 8.2 10.7 9.9 9.8 7.5 8.0

Assault with Intent to Rape

Number

293

27

16

18

31

25

14

34

40

22

19

23

24

Percent 100.0 9.2 5.5 6.1 10.6 8.5 4.8 1l.6 13.7 7.5 6.5 7.8 8.2

Bastardy

lhaber

1,203 110

85 111

90 104 109 123 103

86 103 105

74

Percent 100.0 9.1 7.0 9.2 7.5 8.7 9.0 10.2 8.6 7.1 8.6 8.8 6.2

Burglary

Number

5,310 583 449 . 450 441 386 390 379 499 342 453 458 480

Percent 100.0 11.0 8., 8.6 8.3 7.3 7.3 7.0 9.4 6.4 8.5 8.6 9.0

Carrying Concealed Weapons

Number

2,474 244 173 203 '210 191 173 233 196 183 198 223 247

Percent 100.0 9.9 7.0 8.2 8.5 7.7 7.0 9.4 7.9 7.4 8.0 9.0 10.0

Cheating and Swindling

Number

3,752 239 278 330 288 336 345 313 377 328 330 287 301

Percent 100.0 6.4 7.4 8.8 7.7 9.0 9.2 8.3 10.1 8.7 8.8 'l.6 8.0

Forgery

Number

821

38

73

73

56

79

63

62

67

60

83

72

65

Percent 100.0 8.3 8.9 8.9 6.8 9.6 7.7 7.6 8.2 7.3 10.1 8.7 7.9

Gambling

Number

3,049 280 177 318 285 230 254 240 215 250 230 314 256

Percent 100.0 9.2 5.8 10.4 9.3 7.6 8.3 7.9 7.1 8.2 7.5 10.3 8.4

Larceny, s lmple

Number

3,504 316 311 334 260 260 236 306 277 232 285 286 401

Percent 100.0 9.0 8.9 9.5 7.4 7.4 6.7 8.8 7.9 6.6 8.1 8.2 11.5

Larceny of Automobile

Nunibflr

2,910 287 241 251 233 227 208 237 247 279 218 238 244

Percent 100.0 9.9 8.3 8.6 8.0 7.8 7.1 8.1 8.5 9.6 7.5 8.2 8.4

Larceny of Farm Animals

Number

214

24

13

30

13

7

14

13

22

14

15

21

28

Percent 100.0 11.2 6.1 14.0 6.1 3.3 6.5 6.1 10.3 6.5 7.0 9.8 13.1

Larceny from House

Number

5,973 516 416 522 497 443 496 469 528 491 492 455 648

Percent 100.0 8.7 7.0 8.7 8.3 7.4 8.3 7.9 8.8 8.2 8.2 7.6 10.9

Larceny After Trust

Nwnber

1,827 158

Percent 100.0 8.6

167 146 154 148 159 164 141 184 144 9.2 8.0 8.4 8.1 8.7 9.0 7.7 10.1 7.9

Manufacturing Liquor

Number

497

52

40

43

32

37

30

35

46

50

60

40

32

Percent 100.0 10.5 8.0 8.7 6.4 7.5 6.0 7.0 9.3 10.1 12.1 8.0 6.4

Murder

Number

1,481 131 121 118

91 121 150 118 132 127 135 120 117

Percent 100.0 8.8 8.2 8.0 6.1 8.2 10;1 8.0 8.9 8.6 9.1 8.1 7.9

Operating Auto while Drunk

Number

4,986 365 320 369 :585 401 382 447 481 485 477 449 425

Percent 100.0 7.3 6.4 7.4 7.7 8.1 7.7 9.0 9.6 9.7 9.6 9.0 8.5

Public Drunkenness

Number

4,321 271 293 330 :529 356 403 402 445 386 367 373 366

Percent 100.0 6.3 6.8 7.6 7.6 8.2 9.3 9.3 10.:5 8.9 8.5 8.7 8.5

Rape

Number

363

34

27

22

29

36

32

26

32

46

42

16

21

Percent 100/0 9.4 7.4 6.1 8.0 9.9 a.8 7.2 8.8 12.7 11.5 4.4 5.8

Robbel'J

Number

1,959 117 129 194 191 162 140 167 137 167 159 157 239

Pepcent 100.0 6.0 6.6 9.9 9.7 8.3 7.2 8.5 '7.f' 8.5 2. 1 8.0 12.2

Seduction

Number

185

16

13

16

12

17

10

17

19

17

10

17

21

Percent 100.0 8.6 7.0 8.6 6.5 9.2 5.4 9.2 10.3 9.2 5.4 9.2 11.4

Shooting at Another
S~abbing

Number Percent

40

64

54

55

68

64

46

61

60

64

57

5.9 9.3 7.9 8.0 9.9 9.3 6.7 8.9 8.8 9.3 8.3

Number

1,288

78

78 122 101 110 107 148 124 123 114

91

92

Percent 100.0 6.1 6.1 9.5 7.8 8.5 8.3 11.5 9.6 9.5 8.9 7.1 7.1

Vagrancy

Number

3,220 243 270 300 244 271 346 297 279 254 246 237 233

Percent 100.0 7.5 8.4 9.3 7.6 8.4 10.8 9.2 8.7 7.9 7.6 .,7.4 7.2

Violation of Prohibition Law

Number 33,286 2,692 2,514 2,901 2,886 2,765 2,599 2,845 2,923 2,936 3,030 2,620 2,575 Percent 100.0 8.1 7.6 8.7 8.7 8.3 7.8 8.5 8.8 8.8 9.1 7.9 7.7

Wife Beating

Number

1,265

74

71 102 102 110 119 143 134 123 104

88

95

Percent 100.0 5.8 5.6 8.1 8.1 8.7 9.4 1l.3 10.6 9.7 8.2 7.0 7.5

TOTAL

Number 92,742 7,506 6,789 7,936 7,652 7,524 7,553 8.007 8,383 8,017 8,104 7,518 7,753 Percent 100.0 8.2 7.:5 8.6 8.2 8.2 8.2 8.7 9.0 8.5 8.7 8.2 8.2

.. Souroe: Jail dookete of the counties.

- 112 -

'Pot-al Number Percent

I

Under 16 32

1.6

16 - 20 266

13.1

21 - 25 e.23

30.8

26 - 30 384

19.0

31 - 35 290
I 36 - 40 187

14.3 9.2

41 - 50 130

6.4

OVBr 50 i 114

5.6

TOTAL 2,026

100.0

TABLE 4<>

AGES OF PERSONS ACCUSED OF CRIME 27 Counties of Georgia
January 1, 1926 - December 31, 1935

PART I

CRIMINAL HOMICIDES

A. TOTAL

Number

Male
%White
Male

White ~ Age Group Number

"A~.l.
%. White' Female

~ Age Group

Ne ro

::reIoIAle

F..... Ie

Number 'f,

o ~ Age

%. Negro %Age

Group Number Female Group

17

2.7 53.1

---

12

t

1.1 37.5

3

1.4

9.4

113

17.9 42.5

8

16.3

3.0

126

11.0 47.4

19

9.2

7.1

214

34.0 34;3

11

22.4

1.8

329

28.8 52.8

69

33.5 11.1

118

18.7 30.7

8

16.3

2.1

208

18.2 54.2

50

24.4 13.0

95 I 15.1 32.8

2

4.1

.7

157

13.8 54.1

36

17.5 12.4

44

7.0 23.5 I 6

12.2

3.2

118

10.3 63.1

19 .,

9.2 10.2

5

.8

3.9

5

10.2

3.9

113

9.9

86.P

7

3.4

5.3

24 I 3.8
630 100.0

21.0 31.1

9

1.8 5 '1.9

78

49 100.0

2.4 1,141

6.9 68.5

3

100.0 56.3 206

I.':' 100.0

2.6 10.2

B. MURDER

i

I

Totel

c-

I Number Percent

Under 16 31

16 - 20 217

21 - 25 515

26 - 30 344

31 - 35 255

36 - 40 166

41 - 50 113

Over 50

96

TOTAL 1,737

1.8 12.5 29.6 19.8 14.7
9.6 6.5 5.5 100.0

Number

Male " WMahliete

White jI> Age Group Number

F '"FWemhaitlee

~ Age Group

16

3.5 51.6

80

17.0 36.9

---

7

17.5

3.2

150

32.0 29.1

7

17.5

1.4

100

21.3 29.1

6

15.0

1.7

75

16~0

29.4

1

2.5

.4

30

6.4 13.1

-- -

18

3.8 18.7

5

15.0

3.6

4

10.0

3.5

9

22.5

9.4

469 100.0 27.0

40 100.0

2.3

Ne ""0

Male

Fema.le

Number

;. ::~~o

jI> Age Group

%.Negro ~ Age Number Female Group

12 112 297 191 145 112 102
66 1,037

1.1 38.7

3

10.8 51.6

18

28.7 57.7

61

18.4 55.5

47

14.0 56.9

34

10.8 67.5

18

9.8 90.3

7

6.4 68.8

3

100.0 59.7 191

1.6 9.4 31.9 24.6 17,8 9.5 3.6 1.6 100.0

9.7 8.3 11.8 13.7 13.3 10.8 6.2 3.1 11.0

C. INVOLUNTARY MANSLAUGHTER

Under 16 16 - 20 21 - 25 26 - 30 31 - 35 36 - 40 41 - 50 Over 50 TOTAL

Total Number Percent

1

.5

19

9.9

77

40.3

29

15.2

26

13.6

16

8.4

12

6.3

11

5.8

191

100.0

- 113 -

D. VOLUNTARY MANSLAUGHTER

Under 16 16 - 20 21 - 25 26 - 30 31 - 35 36 - 40 41 - 50 Over 50 TOTAL

Total Number Percent
--

30

30.6

31

31.6

11

11.2

9

9.2

5

5.1

5

5.1

7

7.2

98

100.0

II--Tota~

1~,-;-=~~;;~b~r=Tje~cent

7

Under 16 '1'

92



16 - 20
I 21 - 25

2,51', 3,404

19.7 26.7

26 - 30 I' 2,381

... I 31 - 35

1,578

12.4

I 36 - 40 1,362,

10.7

::e: ::L-~~-L ::;

TOT. L J~ 75~L2~~0

Under 16

26

.8

16 - 20 1,026

31.0

21 - 25

595

17.9

26 - 30

6),0

18.4

31 - 35

10.5

36 - 40

275

8.3

1 41 - 50
Lover 50

280 156 I

8.4 4.7

LTQTAL-- :~5I 100.0

TABLE 4 (Cantld) PART II
CRIMINAL ASSAULTS A. TOT/lL

846 1,375
964

18.1 29.4 20.6

----------
Ne 1'0
---,
Age roup Number

Female
1~.Negro
Female

~ Age Group

')3.3

15

1.0 16.3

57.7

169 11.4

6.7

46.5 46. 7 49.4 39.2

375

255

I
I

I ~'70

?I8

25.3 17.S 18.2
1-4 .7

Ll.O 10.7 17.1 16.0

48.8 70.5

132

8\9 14.1

!

47

3.~'

9.7

49.4 1,481 100.1) 11.6

B. ASSAULT WITH INTENT TO ~c~DER

--::N:ce-=-'o-------~-'---

----MaTe
% Negrol -%' Age"

Female
~ Negro I% Age

Number

Male + Gro~ t-N,_um_b_e_r-+_F_e_nla_1_e_r-G_r_o_u_p----l

17

.9 65.4

3

.9 ! 11.5

658

36. 7

64.1

59

15.2 I 5.7

254 14.2 42.7

116 '30.0 19.4

200

5

10.6

327

18.2

53.6

78

20.2 12.8

19.1 2.6

182

52.4

63

16.3 II 18.2

.4

111

40.4

35

9.0 1112.7

163

9.1

58.2

22

5.7

7.9

81

4.5

51.9

11

I 2.8

7.1

-_'~--i--~",+---=-~---~

54.1

387

100.1) 11.7

16 - 20 21 - 25 26 - 30 31 - 35 36 - 40 41 - 50 Over 50 TOT/lL

Total

61

8.9

60

8.7

32

4.6

687

100.0

Number 4
29 35 10 25
5 20
130

19.2 3.8

c ~ SHOOTING AT A;-JOTHER
<;-emaie
['[ White Age ~ Female

1.4

2.6

1

6.7

1.1

15 100.0

;;W'1ber 1
94 153
,54 59 51 38 29 479

%~f , Ag~, ~-H~-~-~-'" ~:::e' ~

I

- - T , Neilro J'

.2 'G~~;~f~.lo.e;i2'''n1~~i~;~~:

19.G

,i

I
63.9;

16 II

25.; I 10.Q :

I ;32.,) ! 72.9

I 19 I 30.? I 9.0

11.3 12.3

69.2 II 64.1 83.6!

7.9 I 63.4:
10:~HI-~~~1!

I I 12

1'?0 '1 15 4

7 1 11.1! 7.'3

4i

6.3 I 6.'3

t ,:iJ + 2 l

3.21 3.3

~'6~ I 10~~_:_J !

.r/'

-----1 v::: -~ ~Tota1

D. STABBING

---r~-~_~-~-~~-=----Mai-e--

'~1}~,t ~

~ ~ 1~:::~ ! i'% "lhite %Pse I'

: N'JJnb-";_

II

Nmnber

1:;':;,~r"~~: r:- r 26 -

I

18 I 9.9, 5.6

1

I

52 I 28.6 ! 11.0

2

320

i 17.7

60 I, 33.0 I B.8

4

_.

rAge, -, % ];~;o

r --- ---- ----- 1 N~ber

Male

~N~e'_o~---_;c_:c-:_,__:----__j
I %~ ~~~~ % ilge
Group Ntunber Female ~ ~

8I

.7 61.5

2

.4 15.4

272 ! 24.0 84.5

31

6.6 9.6

329 ! 29.0 69.3

92

19.3 19.3

174 I 15.4 54.4

82

17.2 25.6

31 I
;1 - 50 Over 50

j ,~' ,~: ::: 299
197 I 132 I
45 I

16.6 10.9
7.4 2.5

,~

33.4

2.0

155

105 I

59

31

2.7

51.8 53.3 44.7 68.9

98

20.5 32.8

86

43.7

71

53.8

14

2.9 31.1

\ ,TOTAL- , ~1,e03,T~_100.0

.7

1,133 100.0 62.8

476

100.0 26.4

- 114 _

TABLE 4 (Cont'd) PART II - Criminal Assault (Cont1d)
E. IIAYHEM

White

Ne 0

llae

Female

Male

Female

Totll !lumber Percent

)\ 1Ih1t. I~ Age !lumber Male Group

Number I".FWemhaitlee

~. Age Group

1% Negro ~ Age

;\ Negro ~ Age

Number Male Group Number Female Group

Under 16
0
16 20
21 - 25

--

7

M.8

7

36.8

---

--

--

-
-

--
-

--
_.

-
-
-

- --

4

36.4 57.1

4

36.4 57.1

- --

3

42.9 42.9

3

42.9 42.9

26 - ~ 31 - 35 36 - 40 41-50

3

15.8

1

5.3

1

5.3

--

1 100.0 33.3
- -- --

--
-

--

-
-

--

- -- - --

1

9.1 33.3

1

9.1 100.0

1

9.0 100.0

- --

1

14.2 33.4

--

-
-

--

.'

- --

Over 50

-

-

- -- - - -

- -- - --

TOTAL

19

100.0

1 100.0 5.3

-

--

H

100.0 57.9

7 100.0 36.8

F. ASSAUr,T AND BATTERY

Total !lumber Percent

Under 16

35

.8

16 - 20 21 - 25

783 1366

17.7 30.8

26 - 30

. 80i

18.1

31 - 35

49$-

H.2

36 - 40

426

9.6

41 - 50

315

7.1

Over 50

206

4.7

TOTAL

4.428

100.0

White

Mae

Fema e

Number

1;\

White Male

1

~ Age Group

I%_ White ,~ Age
NUmber Female Group

10

.5 28.6

- --

452

21.9 57.7

23

11.2 2.9

752

36.4 55.1

47

22.9 3.4

357

17.3 44.6

37

18.1 4.6

175

8.5 35.3

28

13.7 5.6

160

7.7 37.5

46

22.4 10.6

131 30
2,067'

6.3 1.4, 100.0

41.5 14.6 46.7

24

11.7 7.6-

- --

205 100.0 4.6

Nel(' 0

Ma

F ma e

% Negro ~ Age

%. Negro ~ ABe

Number Male Group Number Female Group

17

1.0 48.6

8

1.8 22.8

263

15.5 33.6

45

9.8 5.8

447

26.3 32.7

120

26.3 8.8

342

20.2 42.7

65

14.2 8.1

208

12.2 41.9

85

18.6 17.2

141

8.3 33.0

79

17.3 18.9

125

7.4 39.7

35

7.7 11.2

156

9.1 75.7

20

4.3 9.7

1,699' 100.0 38.4

457 100.0 10.3

G. WH'E BEATING

Total

Number Percent

Under 16

-

-

16 - 20

67

4.8

21 - 25

365

26.2

26 - 30

318

22.9

31 - 35

234

16.8

36 - 40

305

41 - 50-

98

Over 50

5

21.9 7.0 .4,

TOTAL

1,392

100.0

Total Number Percent

Under 16

3

.4

16 - 20

H2

13.3

21 - 25

281

~.1

26 - 30

175

21.2

31 - 35

95

H.5

36 -40

85

10.3

41 - 50

43

5.3

Over 50

32

3.9

~'1'AL

826

100.0

White

lIale

Female

1)\ 1Ih1te I ~ Age

;\ White )\ Age

Number llale Group Number Female Group

- --

7

.8 10.4

165

19.5 45.2

215

25.4 67.6

--
-
-

-
--

---
-

135

16.0 57.7

-

--

250

29.6 82.0

-

--

74

8.7 75.5

- --

-

-- --

846 100.0 60.8

-

--

Ne", a

IIA".

Female

1% Negro I~ Age

1%. Negro I~ Age

Number" llale Group Number Female Group

- -- - --

60

11.0 89.6

200

36.6 54.8

103

18.9 32.4

99

18.1 42.3

55

10.1 18.0

24

4.4 24.5

5

.9 100.0

546 100.0 39.2

-
-

-
---
-
--

.-
-~
-----

1

H. POINTING PISTOL AT ANOTHER

White

ema e

1% White I~ Age
Number Kale Group

Number

1)\ White
Female

IG" rAougpe

- -- - --

23

10.' 20.5

1

11.1

.9

99

44.6 35.2

3

33.4 1.1

75

33.7 42.9

1

11.1

.6

15

6.8 15.8

1

11.1 1.1

10

4.5 11.8

-

-- --

222

100.0 26.9

2

22.2 2.3

1

11.1 2.3

- --

9 100.0 1.1

Negro

ema e

1% Negro I ~ Age
NUmber Male Group

1)\. Negro I~ Age
Number F..-le Group

3

.6 100.0

-

--

79

U.S 70.5

9

14.8 8.1

164

30.8 58.4

15

24.2 5.3

88

16.5 50.3

H

17.6 6.2

65

12.2 68.4

14

22.6 14.7

6]

n.4 71.8

12

19.3 14.1

41

7.7 95.4

32

6.0 ').00.0

1

1.5 2.3

- --

533 100.0 64.5

62 100.0 7.5

- H5 -

TABLF,4 (Cont'd) PART II - Cr1ln1n'a1 Aoosau1t (Cont 'd)
I. ASSAULT SIl.IPLE

Total NUIIlber Percent

Under 16

8

2.8

16 - 20

53

18.7

21 - 25

105

37.1

26 - 30

76

26.9

31 - 35

14

4.9

36 - 40

12

4.2

41 - 50

7

2.5

Over 50

8

2.9

TOTAL

283

100.0

Wh' te

Male

Female

I" White ~ 1 Age

1 %. White I~ Age

NUIIlber Mall> Group NUIIlber Female Group

5

3.7 62.5

-

--

24

17.6 45.3

1

14.3 1.9

61

44.9 58.1

2

28.6 1.9

46

33.8 60.5

- --

- .. -

- --

- --

136 100.0 48.1

2

28.6 2.7

1

14.3 7.2

1

14.2 8.3

- --

- --

7 100.0 2.5

Number 3
22

lIale ~ Negro
Male 2.7
19.8

Ne ,ro

Female

~ Age

".flegro I" Age

Group Number Female Group

37.5

-

--

41.5

6

20.7 11.3

32

28.8 30.5

10

04.6 9.5

22

19.8 28.9

6

20.7 7.9

10

9.0 71.4

3

10.3 21.4

9

8.1 '75..0

2

6.i 16.7

6

5.4 M.7

1

3.4 14.3

7

6.4 87.5

1

3.4 12.5

III 100.0 39.2

29 100.0 10.2

PART III CARRYING DEADLY WEAPONS
TOTAL

,----------,----------,--------------_._----,-------------------,

White

Ne ... 0

Male

Female

Total

% Wh1 te ! ~ Age

1 %. White IiI, Age

~~~~~~N;;UIIl;;;;,;b;;e;;,r4~pe;;,r;...c;...e;.;n;;.t;...".r~~;.;umb;;;;;.;e;;r4~~Ma=1;.;e~foG;.;r;...o;;,u;;;p~~N;.;um;;;;!l;.;e;;r4 Female Group

% Negro ~ Age

" Negro I~ Age

Number .Male Group Number Female Group

Under 16

36

26

9

1

.7

16 - 20

662

218

5

.8

420

16.9 63.4

19 :.

21 - 25 1,246

447

46.1 35.9

11

.8

763

30.6 61.2

25

26 - 30

691

233

2J.0 33.7

5

.8

426

27

1

322

24 . 16.2

3316 -- 3450

327344

l6O :; l l . 275

2..58

4

199

85.0

26

I 11.1

41 -~'O204

5.6

8

.8

180

16

10.8 7.8

Over 50

187

5.1

6I

.6

171

91.4

10

6.8

~L_ 3, 6M.~ ~_ ~~O~(l --~-00-.0-1-2-6-.-~-.:~:::::2:6:~:_~:1:0:0~-._0~~l--~~~~.~7~~'1...;.~,,~4~9~0..,4~~1~0~0~.~0~~6~8~.~5..,4~~~1~4~8~~1~0~~~.~0...;...;~4~.~1~

.
PART "IV OPERATING AUTO W1IILE DRUNK
TOTAL

Under 16

Total Number Percent

1

-

16 - 20 1,211

20.8

21 - 25 1,521

26.1

26 - 30 1,045

18.0

31 - 35

801

13.8

36 - 40

798

13.7

41 - 50

300

5.2

OVer 50

142

2.4

TOTAL

5,819

100.0

._.

White

Male
%White ~ Age
Number Male Group

Female ~. White ~. Age Number Female Group

- -- - --

775

19.1 64.0

16

11.0 1.3

995

24.5 65.4

35

24.0 2.3

818

20.1 78.3

25

17.1 2.4

590

14.5 73.7

28

19.2 3.5

612

15.0 76.7

04

23.3 4.3

203

5.0 67.7

75

1.8 52.8

8

5.4 2.7

- --

.4,068 100.0 69.9

146 100.0 2.5

Number 1

Ma e " Negro
Male
.1

Ne rro

Female

~ Age Gronp

Number

I%. Negro Female

!~r~~~

100.0

-

--

416

26.4 34.4

4

14.3

.3

480

30.4 31.6

11

39.3

.7

196

12.4 18.7

6

21.4

.6

178

11.3 22.2

5

17.8

.6

151

9.6 18.9

1

3.6

.1

88

5.6 29.3

67

4.2 47.2

1

3.6

.3

- --

1.577 100.0 27.1

28 100.0

.5

- 116 -

'"" ~..-

Total Number Percent

Under 16

30

.3

16 - 20 1,176

11.2

21 - 25 26 - :'\0

3,286 2,287

31.4 21.8

31 - 35 1,710

16.3-

36 - 40 41 - 50 Over 50

1,324 479 179

12.6 4.6 1.8

TOTAL

10,471

10-_0...--0

'Jnder 16

Total Numb. er Percent

11

.2

16 - 20

563

10.0

21 - 25 26 - 30

1,807 1,372

32.1
4.
24.4

31 - 35

931

16.5

36 - ~o

642

11.4

41 - 50

245

4.4

Over 50 TOTAL
~_.

56

1.0

I-

5,627

100.0

TABLE 4 (Cont'd)

P/IRT V

DISTURBANCES OF THE PUBLIC PEACE

A. TOTAL

White
Male
1% White 1% Age
Number Male Group Number

8

.1 26.7

-

522

8.5 44.4

38

2,020

33.0 61.5

256

1,562

25.5 68.2

176

1,067

17.4 62.3

182

727

11.9 54.9

249

202

3.3 42.2

59

18

.3 10.0

23

6,126

100.0 58.5

983

.

FelDA e
% White 1~ Age
Female Group
--
3.9 3.2
26.1 7.7
17.9 7.7

18.5
25.~
6.0

10.7 18.8 12.3

2.3 100.0

12.8 9.4

_e
1% Negro
Number Male

22

.8

Negro

--

% Age
Group

emale
I" flegro I" Age
Number Female Group

73.3

-

--

-545

19.9 46.3

71

11.4 6.1

864

31.6 26.4

146

23.4 4.4

428

15.6 18.7

121

19.4 5.4

359

13.1 21.0

248

9.1 18.7

102

16.3 6.0

100

16.1 7.6

165

6.0 34.4

53

8.5 11.1

107

3.9 59.8

31

4.9 17.4

2,73H 100.0 26.1

624 100.0 6.0

B. DRUNKJ<:NNESS

.. _--- - - - - _ . _ - - - - -

White

Male

Female

I % White I % Age

%White

Number Male Group Number Female

5

.2 45.5

--

% Age
Group
-

295

7.7 52.4

12

3.2 2.1

1,273

33.3 70.5

107

28.5 5.9

1,073

28.0 78.2

75

20.0 5.4

643

16.8 69.1

78

20.7 8.3

392

10.2 61.1

100

26.5 15.5

146

3.8 59.6

4

1.1 1.6

3,82~1100.: - - - -

68.0 _. 376

100.0

6.7

Number 6

Male
% Negro
Male .5

Ne ;'0

,

%Age
Group

Female
I % Negro I ~ Age
Number Female Group

54.5

-

--

230

20.3 40.9

26

9.0 4.6

365

32.2 20.2

62

21.4 3.4

164

14.5 12.0

60

20.7 4.4

147

12.9 15.8

63

21.7 6.8

96

8.5 15.0

54

18.6 8.4

70

6.2 28.6

56

4.9 100.0

25

8.6 10.2

- --

1,134 100.0 20\2

290 100.0 -5.1

C. VAGRANCY

Under 16

3

3

.4 100.0

16 - 20

249

10.1

72

8.1 28.9

20

3.8 8.0

119

38

14.9 15.3

21 - 25

673 I 27.2

248

27.9 36.s

123

23.1 18.3

251

51

7.6

26 - 30

4331 17.5

164

18.5 37.9

89

16.7 20.5

136

31.4

44

17.2 10.2

"~ :: : :: :: I ':., ::: I :::: ::: I ,:: :::: :::

:::: ::::

:: :::: :::

.:~ ItT~:~~~.::_:~~:~2~,~4~7~4~~=1~0-~0-~.'-0:::~-::o.-~-~ -.~~~:.8~8"I"""~-~1:0::0::.~:0:::;=:3:~5:~.:~9:==~~~.--""5""~:::;~-_+-~1:;:00':;::-:.0:;o-1-;2":1;-:.-;:5;--1l-,--;;7;.;;9:::;9+-~1::;0::;0-.::;::0:+-3:;;C2::;::-.3:=-+----;2"5c;5O-:+-'-;;1""0c;;0,;-:.~:0+:~1:;:0-.:3:::-:1:

D. HOBOING
~~~J ~f:o.::~~~~1~'~,,:F.Wh.: .: :i: t:l:~I%~G: r~ : ~ ~ ~ N~um=b~e.: ~%1~ :~:r:l: 'O~1+: : :. : : :~ e4~: : um=b: e: r4~%:~: :~:gr: ~: ~4:1r~ : ~:-~

~: ~::: ::: I

I : : :

~:: 1 ~::: ::::

26 .. 30
i :~:::
I 41 - 50
lover 50
tr~TAL-n

227
170
203
35
8 -1,253

18.1 13.6

157
1
117

16.2

153

2.8

.7
----1-.100.0

19.9 14.8 19.4

69.2 68.8 75.4

3

50.0

1

16.7

2

.6 100.0

.8

~::

:::: ::::

.4

68

15.1 30.0

52

11.5 30.6

1.0

48

10.6 23.6

35

7.8 100.0

8

1.9 100.0

_ ... -. - - ' - - - _ . - - -

.5

451 100.0 36.0

5

71.4

1

14.3

1

.6

7 100.0

.5

- 117-

Tntal Number Percent

Under 16

8

1.9

16 - 20
~,..'#

94

21.8

21- 25

155

35.8

26 - 30

97

22.1

31 - 35 36- 40

61

14.1

12

2.8

41 - 50 Over 50 TOTAL

5

1.2

--

432

100.0

TABLE 4 (Cont'd)

PART V - Disturbances of the Public Peace (Conttd)

Number 1

E. MALICIOUS MISCHIEF

White

1;1> White I~ Age MaJ.e Group .5 12.5

%Lema~
White Number Female
-- -

~ Age Group
-

Number -7

% ~=f~o
4.6

Neln'o

~ Age Group
87.5

Number
-

male
%Negro
Female
-

----
~ Age Group
-

15

6.9 16.0

4

23.5 4.2

71

47.3 75.5

4

8.3 4.3

82

37.7 52.9

6

35.3 3.9

50

33.3 32.2

17

35.4 11.0

65

29.9 67.0

50

23.0 82.0

2

1.0 16.7

2

1.0 40.0

- --

2

11.8 2.1

- --

5

29.4 41.7

- --

- --

19

12.7 19.6

3

2.1 4.9

- --

- --

- --

11

22.9 11.3

8

16.6 13.1

5

10.5 41.6

3

6.3 60.0

- --

217 100.0 50.2

17 100.0 4.0

150 100.0 34.7

48 100.0 11.1

F. OTHER DISTURBANCES

Total Number Percent

Under 16

3

.4

16 - 20

53

7.7

21 - 25

263

38.4

26 -30

158

23.0

31 - 35

137

20.0

36 - 40

39

5.7

41 - 50

18

2.7

Over 50

14

2.1

TOTAL

685

100.(}

White

I" lIaLe

Female

1:1> White Number Male

Age Group

1:1>_ White I)'; Age Number Female Group

2

.5 66.7

- --

23

5.7 44.0

2

3.8 4.0

172

42.5 65.4

17

32.6 6.5

103

25.4 1;5.2

9

17.3 5.7

98

24.S 71.5

9

17.3 6.6

5

1.2 12.8

12

23.2 30.8

2

.5 11.1

- --

405 100.0 59.2

2

3.9 11.1

l

l.n 7.1

52 100.0 7.6

Number 1

Male )'; ~egro
Male
.5

Negro

I

Female

"GrAougep

I %_ Negro 1, Age! Number Female Group I

33.3

-

--

25

12.2 .:16.0

3

12.4 6.0

63

30.9 23.9

11

45.8 4.2

41

20.1 25.9

5

20.8 3.2

26

12.7 19.0

22

10.8 56.4

14

6.9 77.8

12

5.9 85.8

4

16.8 2.9

- --

- --

1

4.2 7.1

204 100.0 29.7

24 100.0 _ 3.5_ J

'rotal Number Percent

Under 16

33

1.3

16 - 20

648

l!6.~

21 - 25

'75~

30.9

26 - 30

403

16.5

31 - 35

229

9.4

36 - 40

20'7

8.5

41 - 50

134

5.5

Over 50

33

1.~

TOTAL

2,440

100.0

PART VI

-Male
I% White
Number Male

ROBBERY
White Female
I~r~~~ Number %F:i:

1% Age Group

11

1.~ 33.3

2

4.9 6.1

221

26.7 34.1

8

19.5 1.3

244

29.5 32.4

13

31.7 1.7

170

20.5 42.2

2

4.9

.5

75

9.1 32.8

6

14.6 2.6

50

6.0 24.2

50

6.0 37.3

2

4.9 1.0

- --

7

.9 21.2

8

19.5 24.2

828 1-0').(1 I 33.9 I

41

100.0 -1--.7

Number

Male % Negro
Male

Ne ~ Age Group

0

---F-emale

%Negro Number Ferr.ale

I % Ae
Grt)up

16

1.1 48.5

4

3.~ 12.1

400

27.5 61.7

19

17.0 2.fl

464

31.8 61.6

32

28.5 4.:3-

215

14.7 53.3

16

14.3 4.(1

136

9.3 59.4

146

10.0 70.5

70

4.8 52.3

12 I I 9
14 I

10.7 1 5.2
I
8.0 II 4.3
12.5 10.4

12 1,459

.8 36.4 100.0 59.8

6 , 5.4 18.2

-

112 100.0 4.6

--

-=~

PAnT VII

BURGLARY

1f----".-i.M~a"jl~e'_:_'"'co=W__h,i-t-e-_,__;lF:,~e~-'i.,"~"c--;-=-If------,.,---~M~~~I.~.;--_-_--_"._"N1_"~"n "_"_-_-

t---u=~T~ot'i"a";le:-:-:--~__;::__j1

)'; White " Age

%_ White % Age

% Negro T% Age

------_%:_FN'eemgarokT_%-A--ge--'I;

Number Percent Number Male Gro~ Number Female Group Number Male Group Number Fe~~~oLg,~~

Under 16

283

3.4

31

16 - 20 2,966

36.1

893

30.1

3

6.5 1.1

249

15

.5

2037

36.1 68.7

I

'

21

.~ 10.: I

21 - 25 2,230

27.2

648

28.0 29.1

17

36.9

.7

1494

26.5 67.0

71

35.7

26 - 30 1,219

14.9

504

21.8 41.3

8

17.4

.7

656

53.8

51

25.6 4.2

31 - 35

616

7.5

137

5.9 22.2

1

439

7.8 71.3

39

19.6

36 - 40

345

75

21.7

1

257

4.5 74.5

12

6.0

41 - 50

435

25

1.1

406

7.2 93.4

4

2.0 II

.9

OVer 50

113

2

.1 1.8

1

2.2

.9

109

1.9 96.4

1

.5

.9

I - ~ ~ ~ + - ~ ~ - j ~ ~ ~ - - f ~ ~ ~ + - ~ ~ - + ~ ~ + ~ ~ - + ~ ~ - r----------jr--~~-t--~----t-.~- ~ I - - - ~ ~ + - ~ ~ - + - - ~ _ 1

TOTAL

8,20'7

100.0

2,315 100.0 28.2

46 100.0

.6

5,647 100.0 68.8

199 100.0

- 118_

TABLE 4 (Contle) PART VIII LARCENIES A. TOTAL

Total Number Percent

_ . IiA1._~__"Vlh1te

1% White 'J, ABe Number Male Group

.-
Number

F.",.".
%White
Female

..
~ Age Group

Under 16

538

1.9

191

1.8 35.5

10

1.6 1.9

16 - 20 21 - 25

6,498 7,200

23.3 25.9

2,492 3,014

23.4 28.3

38.4 41.9

104

16.3 1.6

136

21.3 1.9

26 - 30 31 - 35

4,888 3,265

17.6 11.7

2,027 1,384

19.1 13.0

41.5 42.4

103

16.1 2.1

100

15.6 3.1

36- 40 2,561

9.2

930

8.7 36.3

109

17.1 4.3

41 - 50 1,825

6.6

404

3.8 22.1

74

11.6 4.1

Over 50 1,055

3.8

190

1.9 18.0

3

.4

.3

TOTAL

27,830

100.0 10,632 100.0 38.2

639

100.0

2.~

Male

% Negro

Number

Male

Ne ro

~ ABe~

..

Group Number

Female %" Negro
Female

-~
/" Age Group

283

2.0 52.6

54

2.3 10.0

3,625

25.5 55.8

277

12.0 4.2

3,390

23.8 47.1

660

28.f' 9.1

2,390

16.8 48.9

368

15.8 7.5

1,442

10.1 44.1

339

14.6 10.4

1,194

8.4 46.7

328

14.2 12.7

1,166

8.2 I 63.9

181

7.8 9.9

752 14,242

5.21 71.~ 100.0 51.2

110 2,317

4.8 100.0

10.4 8.3

Total Number Percent

Under 16

85

2.9

16 - 20

920

31.9

21 - 25

820

28.4

26 - 30

394

13.6

31 - 35

228

7.9

36- 40

232

8.0

41 - 50

187

6.5

Over 50

22

.8

TOTAL

2,888

100.0

_..-
Number 66
632

!lAh 1% White
Male
3.9
37.8

B. LARCENY OF AUTO

White

Female

% Age

1%. White

Group Number Female

77.6

--

~r~~~
-

68.7

21

47.8 2.3

425

25.4 51.8

13

29.5 1.6

215

12.9 54.6

5

11.4 1.3

110

6.6 48.2

2

4.5

.9

100

6.0 43.1 I

3

6.8 1.3

121

7.2 64,7

- --

3

.2 13.6

- --

1,672 100.0 57.9

44 100.0 1.5

Number 19

i Male
% Negro Male 1.6

Ne ro

% ABe Group
22.4

Number
-

Female %" Negro
Female
-

% ABe Group
-

266

23.0 28.9

1

6.2

.1

377

32.6 46.0

5

31.4

.6

170

14.7 43.1

4

25.0 1.0

112

9.7 49.1

4

25.0 1.8

128 65 19
1,156

11.1 5.6 1.7
100.0

55.2 M.8 86.4 40.0

jJ.: 1

6.2

1

6.2

--

16 100.0

.6 ,

C. LARCENY FROM HOUSE

-.-r----~---_r_----- ...- - - - - - - - - - - - - _ r _ - - - - - - - - - - - - - - - - - - - - - ,

White

Ne", 0

Total

lIa:e % White % Age

Fema e
I % White ~ Age

Male % Negrc 1~ ABe

Fema.le
%.Negro %Age

Number Percent Number Male Group Number Female Group Number Male Group Number Female Group

Under 16

79

9

2

41

27

16 - 20 1,722

27.4

450

64

41.8

1,082

126

12.2

21 - 25 26 - 30

1,357 1,172

21.7 18.7

300

24.9 22.1

197

27

17.6

24

722

18.6 63.2

803

308

29.8 22.7 ,

148

31 - 35

726

11.6

36 - 40

551

8.8

103

8.6

100

8.3 18.2

7

4.6

11 I

2.0

475

65.4

141

13.61' 19.4

306

7.9

134

13.0 24.3

41 - 50

443

7.1

44

3.7 9.9

16

10.5

298

Over 50

211

3.4

-

-

-

2 I 1.3 1.0

144

b~~T~0~T~A~~':~'-~=:dr~~"tj~-,:2:6:1:~+:::~1~0=-~0~.~0=~--tt::~:1~-,~-=2:0~-=3:~+::~1=-~0=-~0=-~.~0=-.J:~~1~9~.-=2::~:.::o~1:5.~3:='t~E~o.ot---.3~4.3_,_8_7~

85

8.2 1 19.2

d 68.2

65

6.3 30.8

._..~6~1~.~9==o!~.~~~,~O~M~~._1~0.~o~_~1sLl6.

Total

Number Percent Number
F~~~~~+~~~-+-~--

Under 16

5

1.8

1

D. LARCDIY",,* PERSOR 4.8 20.0

...----=1

Fef.1.L.ls
% Necro
Fe~&le.

~
% A~~ 1 ~:r~~
_i

16 - 20

61

21.6

30

19.0 6.6

20

15.3

21 - 25

96

M.O

26

48! 36.6

41.1 16.6

26 - 30

56

19.9

20

22.0 35.7

6

28.6 10.7

21

16.0

9

31 - 35 36 - 40 41 - 50 Over 50

38

13.5

12

4.3

9

3.2

5

1.7

13 1

14.3 1.1

bk- -- 34.2 -
11.1 I

4

19.0 10.6

-I

-

14

10.7

12

9.2 100.0

8

6.1 88.9

5

3.8 100.0

7

~::T:0:T~A;L::::~:::2;;82;:1:::1;0:0:.:0::1:::::;9;1:1::1;0;0:.~0::::3;2:.::3 21 ~~~ 7 4~~~~1;;3;;1;d~"'1;,;;O,~0~.~0~~4~6"'.:"?.:.,,~,~~~3;,;;9~.~"'1;,;;0;,;;0~.0~~1;c;3;c;.'"8o=J

- 119 -

TABLE 4 (Cont';') PART VIII - Larcenies (Cont'd)
E. LARCENY OF LIVE STOCK

~.
L
I Under 16
16 - 20
21 - 25
26 - 30
31 - 35
36 - 40
41 - 50
I Over 50 I TOTAL

'l'nh'
Number Percent

2

.6

85

24.8

96

28.0

60

17.5

44

12.8

15

4.4

14

4.1

27

7.8

343

100.0

':T:so 1---.

1Ia1. lihite

llumber Jla1e

2

1.4

50

32.9

50

32.9

Wh'
% Age Group
100.0 58.8
52.1

Female

%. White ~_ Age Number Female Group

-
-

---

-
-

25

16.4 41.7

25

16.4 56.8

-
-

---.

--

1 100.0 1.6

- - -

- - -

- -

-

- --

152 100.0 44.3

1 100.0

.3

_.

Fellll Le

1Ia1e
% N.gro ~ Age
Number b1e Group

Female %. Negro I ~_ Age Number Female Group

- -- - --

35

19.7 n.2

- --

40

22.5 41.7

6

50.0 6.2

31

17.4 51.7

3

25.0 5.0

17

9.6 38.6

2

16.7 4.6

14

7.8 93.3

14

7.8 100.0

27

15.2 100.0

17S 100.0 51.9

1

8.3 6.7

--

-
-

-
-

12

100.0

3.5 ~

F. EMBEZZLEMENT

Under 16 16 - 20 21 - 25

Total NUJlber Pereant
-- --

5

4.6

26 - 30

13 11.9

31 - 35

41 37.6

36 - 40

29 26.6

41 - 50
I Over 50
TOTAL

17 15.6

4

\~.7

109 100.0

G. LARCENY OF COTTON

Total Number Percent

Under 16

1

2.0

16 - 20

6

12.0

21 - 25

17

34.0

26 - 30

8

16.0

31 - 35

13

26.0

36 - 40

2

4.0

41 - 50

1

2.0

Over 50

2

4.0

TOTAL

50 100.0

H. LARCENY AFTER TRUST

i-r
I

'00;;"

White
I----:H:~~~e,~rc~e~:,~:~~~N~umb~e~:4%~1~~;;M :a;;:it~::4a 1_"G1 _:_:_e :~:+r_N__'ume _be_m ~+1"~'F_a ~_ma_;e_~-~-'-F-~G-:.~-,~-,~,-_+_N_wbli_l:-:-+%I_-="_:_~_e:

NelU'o Fe 1e
~0"1IFI ~G_:_~~~",~+~N~um~b~er~:4%1'F~N~e:a~:~~~~+I~G~r~~"~:~4

26 - 30

374

19.1

218

22.5 58.3

10

29.4 2.0

166

19.3 33.1

12

35.3 3.2 I 121

14.1 32.4

26

26.3 5.1

23

23.2 6.1

31 - 35
36 - 40 I
- 50 I

296
238 I
I 129

15.1 12.1
6.5

132

13.7 44.6

115

11.9 48.3

15

1.5 11.6

er 50

139

7.1 I

57

5.9 41.0

5

14.7 1.7

142

16.5 48.0

17

17.2 5.7

1

4 I 11.8 1.7

110 i 12.8 46.2 I

9

9.1 I 3.8

--8;1 1.~ 1;i:~J~_:::~j=_~_~_LI0::~J_~:_ - I

-

- il I 102 I 11.9 79.1

12 I 12.1 1 9.3

-I

-I

I

j

r-----.)----:f - - - - I. LARCENY OF CHICKENS

----~Ma~l-e----\ ".i'i'Th-i't =-e------F,---:~e=-m-a=-l-=-e-----..i_t----------M-a-=l-,--;-e-'------~

-

-

-

---Fem

- ...- - s.l';---

Ir~-;n'd~-;l~

-=-~-T'-'o"-'ta1 _
!1l1ll~~ ~"-:~:

--- [WhTte-Tnge
II_N~~-:I ~le _I Grou:

------ %\lhite Numbe: Femal:

~_ Age

1% ~ge- 1------ '% Negro '% Ag';-

Gr~O~u~:~~Flb~mb"""":~:+~Ma~1:~e:~I1G~9:~r:~o;u~.:~.~_~Num~~b~e~:+~F~e~ma~1~:TG~r~o-u~:4

I 16 - 20 I

49 I 14.2 I

i ! : : : :
36 - 40 i
41 - 50
Over 50 TOTAL

': I ::: II

28

8.1 I

23

6.7

13

3.8

344

100.0

12 i 13.8 I 24.5

~

:::: I :::

-

-_ I -

-

-

1

1.2 I 7.7

87 100.0 I 25.3

1

20.0 2.0

: :::: :::

34

14.0 69.4

~:: :: i

I ::::

2

20.0 4.1

~ ~::: ~::

-

--

25

10.3 89.3

3

30.0 10.7

-

-

-

23

9.5 100.0

-

-

-

-

-

-

12

5.0

5 100.0 1.5---\f-e---24-2-1L--I-0-0-.-0-+--7-0-.~3-+---1-0-1~-10-0-.-0-+--::-2-.9::---1

_ 120 -

I

I

Total

Number Percent

Under 16

4

3.7

16 - 20

60

55.0

21 - 25

39

35.8

26 - 30

4

3.7

31 - 35

1

.9

36 - 40
41 - 50
Over 50
~.
TOTAL

1

.9

--

--

109

100.0

TABLE 4 (Cont'd)

PART VIII - Larcenies (Cont'd)

-

J. LARCENY OF BICYCLE

Wh +'A

Ma: e

Fema e

i:li White ~. Age

I%. White 1% Age

Number Male Group Number Female Group

1

4.3 25.0

-

--

10

43.5 16.7

10

43.5 25.6

-

--

-

2

8.7 50.0

- --

-

-- --

- -- - --

- -- - --

- -- - --

23 100.0 21.1

- --

N ~,

MA'IA

FemalA

'I> Negro ~ Age

% Negro %Age

Number Male Group Number Female Group

3

3.5 75.0

50

58.1 83.3

29

33.7 74.4

2

2.3 50.0

1

1.2 100.0

1

1.2 100.0

-----
-

-
-

---

-
--

--
-

- -- --
86 100.0 78.9

-
--

---

-
--

Total Number Percent

Under 16

63

1.8

16 - 20

521

14.7

21 - 25

1268

35.9

26 - 30

553

15.6

31 - 35

397

11.2

36 - 40

395

11.2

41 - 50

150

4.2

Over 50

190

5.4

TOTf.L

3,537

100.0

K. SIMPLE LARCENY

White

MAlA

Female

Number

I%White
Male

: ~ Age Group

fi Wh:L1:e 1 ~ Age Number Femele Group

3

.3 4.8

- --

80

7.8 15.4

2

7.1

.4

421

41.2 33.2

6

21.4

.5

200

19.5 36.2

4

14.3

.7

205

20.0 51.6

6

21.4 1.5

115
-
1,024

11.2
-
100.0

29.1
-
-
29.0

8

28.7 2.0

2
-

- - 7.1 1.3

28 100.0

.8

Ne 0

Male

Female

~ Negro ~ Age Number Male Group

Number

".FeNmegarloe

i ~ Age Group

51

2.3 81.0

9

3.4 14.2

416

18.7 79.8

23

8.8 4.4

783

35.2 61.7

58

22.2 4.6

307

13.8 55.5

42

16.0 7.6

138

6.2 34.8

48

18.3 12.1

208

9.4 52.7

64

24.4 16.2

130 190 2,223

5.8 86.7 8.6 100.0 100.0 62.8

18

6.9 12.0

- --

262 100.0 7.4

Total K\UIlber Percent

Under 16

265

3.9

16 - 20 2,195

32.2

21 - 25 1,470

21.6

26 - 30 1,202

17.5

31 - 35

555

8.1

36 - 40

393

5.8

41 - 50

492

7.2

Over 50

242

3.6

TOTAL

6,814

100.0

L. OTHER LARCENIES

White

Male

Female

Number

I"

Wh:rte Male

~ Age Group

Number

".FWemhaitlee

~ Age Group

95

5.3 35.9

6

7.0 2.3

680

37.6 31.0

2

2.4

.1

350

19.3 23.8

20

23.6 1.4

365

20.2 30.4

19

22.3 1.6

152

8.4 27.4

17

20.0 3.1

75

4.2 19.1

8

9.4 2.0

40

2.2 8.1

12

14.1 2.4

51

2.8 21.1

1

1.2

.4

1,809 100.0 26.6

85 100.0 1.2

Ne 0

Male

Fe

Number

" MNeaglero

~ Age Group

1 %. Negro ~ Age Number Femele Group

146

3.5 55.0

18

2.4 6.8

1,406

33.7 64.0

107

14.3 4.9

878

21.1 59.7

222

29.7 15.1

697

16.7 58.0

120

15.9 10.0

267

6.9 51.7

99

13.2 17.8

216

5.2 55.0

385

9.2 78.3

94

12.5 23.9

55

7.3 11.2

155

3.7 64.0

35

4.7 14.5

4,170 100.0 61.2

750 100.0 11.0

Total Number Percent

Under 15

2

1.4

15 - 20

37

25.0

21 - 25

41

27.7

26 - 30

28

18.9

31 - 35

16

10.8

36 - 40

11

7.4

41 - 50

7

4.7

Over 50

6

4.1

TOTAL

148

100.0

M. ATTEMPTED LARCENIES

Male
Number I" WMahliete

2

3.2

19

30.7

23

37.1

White

FAMAlA

~ Age

%. White ~ Age

Group Number Femele Group

100.0

- --

51.4 56.1

-
-

--

-

15

24.2 53.6

1

1.6 6.3

2

3.2 18.2

- --

- --

1 100.0 3.5
-- -- --
- --
- --

62 100.0 41.9

1 ,100.0

.7

Ne,,,,n

Male

Fema 8

" \legro. ~Age

% Negro ~ Age

Number Male Group Number Female Group

- - - - --

17

20.7 45.9

1

33.3 2.7

17

20.7 41.5

12

14.5 42.9

1

33.3 2.4

- --

14

17.1 87.5

9

11.0 81.8

7

8.6 100.0

6

7.3 100.0

1

33.4 6.2

-

--
-

---

82 100.0 55.4

3 100.0 2.0

- 121 -

foUl _er rercen1;

U~r 61

5

16-10

UI

10.11

11 - III 1.O'fI'

lI'I'.1I

" - 1lO

6.,.

l'r.&

111 lllI

681

1'1.6

36 0

5111

U.!

n 50

SOli

OTer &0

170

4.4

TABLE. (Cont'd)

PART VIII - Larcenies (Cont'd)

_e

N. CHEATING AND SWINDLING

li White ~_ Age lt1mber 1Ia1e Group

1Ia1o _% Negro ~ Age Number Male Group

.1 80.0

1

12.6 8ll.5

Ill!

111.0 80.11

11.& 3.6

158 20.& U.7

18.'7 '7'7.11

1111

14.6 16.7

16.11 611.5 12.3 61!.'7

138

17.9 20.2

118

16.11 21.4

i3

89

100.0 601

772 100.0 19.9

Fema e %_ Negro :l; Age Number Female Group

2

.5

9

.8

16

15

20.0

19

25.3

8

10.7 2.6

6

75 100.0

Total !IUIIlber rereen1;

Under 16

-

-

16 - 20

18

12.6

21 - 2&

&0

M.'7

26 - SO
31-"
lllI-""

62

36.1

111

i.O

II

6.11

41 - 50 OTer 50

2

1.4

--

TotAL

1"

100.0

O. DI!FRAUDIIO BOARD BILL

White

....l.e

ema e

% White ~ Age

%.lIhita ~ Age

llumber 1Ia1e Group Number Female Group

- --

10

11.0 56.6

.-

--

-
-

36

311.4 72.0

50

45.1 116.2

10

II" '71.'

5

8ll.3 10.0

- --

- --

5

& &li

- --

- --

-1

1&.7 11.1

--

--
--

111 100.0 "".1

6 100.0 4.2

-.rare- Ne
1% Negro ~ Age NUlIber Male Group
- --

8

40.0 .4

I

0

Female

% Negro I % Age

Number Female Group

- --

-

-

.;,

5

25.0 10.0

4

57.1 8.0

1

5.0 1.9

1

H.ll 1.9

2

10.0 15

1

14.11 7.7

2

10.0 22.2

2

10.0 100.0

- --

1

14.3 11.1

- --

- --

20 100.0 13.9

7 100.0 4.8

Under 16 16 - 20

Total Number Percent
--
--

21 - 25

112

29.5

26 - 30

124

32.7

31 - 116 116 40

92

24.3

28

7.4

41 50

14

3.'7

OTer fO

i

2.4

TOTAL

117i

100.0

P. PASSING WOR'1'IILESS CHECKS

lihite ,,:I.e

Ji'ema:l.e

% White I ~ Age

%_ lIhite ~ Age

llumber 1Ia1e Group _ e r Female Group

-

-

--

-

---

102

M.O 91.0

5

29.4 4.5

110

116.7 88.7

4

23.5 3.2

75

26.0 81.5

2

11.8 2.2

13

4.3 46

-
-

-- --

300 100.0 79.2

4

23.5 14.3

2

11.8 14.3

- --

17 100.0 4.5

Ne ro

lIa:e

Female

% Negro ~ Age

% Negro :ib Age

Number Male Group Number Female Group

- -- - --

- -- - --

5

8.6 4.5

-

--

10

17.3 8.1

- --

13

22.3 14.1

11

19.0 39.3

2

50.0 2.2

- --

10

17.11 71.4

9

15.5 100.0

2

50.0 14.3

- --

58 100.0 15.3

4 100.0 1.0

-

Total N1mber percent

Under 16

8

1

1. - 20

127

n.1!

-11 25

14'7

25.'7

26. 110

92

16.1

111 - 115

811

14.6

116 - .0
n - 50

66

11.&

M

6.0

OTer liO

15

2.6

TOTAL

672

100.0

Q. LARCENY FROM AUTO

White

V.-Ie

Ji'ema e

, White _er kle

I~_ Age Group

II

-1.4 11'7.&

,%. lIhite ,~ Age
- - . Number Femalo Group

117

1'7.1 211.1

2

40.0 1.6

61

21.5 1l'7.4

ll'7

17.1 40.2

n

111.0 .9.4

115

16.1! 1lI.0

8

3.7 2:5.6

- --

216 100.0 37.8

- - - .2

40.0 1
-.

1

20.0 1.&

-
-

-

--

6 100.0

.9

N1DIber 6
88 90

II&le ,. .ogro
11&10
1.4 211.4 25.11

Nec,.n

Female

~ Age

1% Negro ~_ Age

Group Number Female Group

62.& 69.1161.2

--
-

----

54 15.6 58.7

1

25.0 1.1

n

11.8 49.4

1

25.0 1.2

28

8.1 42.5

26

'7.6 76.5

16

4.3 100.0

2

50.0 3.0

-
-

-- .-

1547 100.0 60.6

4 100.0

.7

- 122 -

Total Number Percent

Under 16

14

1.8

16 - 20

52

6.5

21 - 25

i12

26.7

26 - 30

221

27.8

31 - 35

126

15.8

36 - 40

76

9.6

41 - 50

46

5.8

OVer 50

48

6.0

TOTAL

795

100.0

TABLE 4 (Cont'd)

PART IX

FORGERY
-
Wl ite

1% White ~ Age Number lIale Group

4

.9 28.6

- --

1% White I~ Age Number Female Group
- --

7

22.6 13.5

115

25.8 54.2

10

32.3 4.7

149

33.5 67.4

11

35.5 5.0

76

17.2 60.3

2

6.5 1.6

50

11.2 65.8

25

5.6 54.3

26

5.8 54.2

1

3.1 1.3

- --

- --

445 100.0 56.0

:31 100.0 3.9

Number 10

% Negro
lIale 3.6

Nellro

FA... , ..

% Age

% Negro 1% Age

Group Number Female Group

71.4

- --

43

15.4 82.7

2

5.1 3.8

67

23.9 31.6

20

51.2 9.5

50

17.9 22.6

11

28.2 5.0

42

15.0 33.3

25

8.9 32.9

21

7.5 45.7

22

7.8 45.8

6

15.5 4.8

-

-- --

- --

280 100.0 35.2

39 100.0 4.9

Total Number Percent

Under 16

8

.3

16- 20

648

20.2

21 - 25 1,010

31.4

26 - 30

638

19.8

31 - 35

376

11.7

36 - 40

257

8.0

41 - 50

203

6.3

Over 50

75

2.3

TOTAL

3,215

100.0

PART X

NON-SUPPORT

A. TOTt.L

Male 1% White Number ~e

1

.1

102

10.0

290

28.4

Whi e

Female

~ Age

% White I~ Age

Group Number Female Group

12.5 15.7

-
-

--

-

28.7

- --

232

22.7 36.4

3

75.0

.5

166

16.2 44.1

107

10.5 41.6

99

9.7 48.8

25

2.4 33.3

1

25.0

.3

--

--
--

- --

1,022 100.0 31.8

4 100.0

.1

Number 7

Ne Male " Negro ~ Age Male Group
.3 87.5

0
Female 1%. Negro 1% Age Number Female Group
- --

544

25.0 84.0

2

25.0

.3

718

32.9 71.1

2

25.0

.2

4bl

18.4 62.8

2

25.0

.3

208

9.5 55.3

1

12.5

.3

149 104
50 2,181

6.8 4.8 2.3 100.0

58.0 51.2 66.7 67.9

1

12.5

.4

-
-

-- --

8 100.0

.2

Total NumOer Percent

Under 16

7

.5

16 - 20

484

36.1

21 - 25

474

35.4

20 30

165

12.3

31 - 35

110

8.2

36 - 40

39

2.9

41- 50

47

3.5

Over 50

14

1.1

TOTAL

1,340

100.0

B. BASTARDY

v., ..

White

Female

:' White ~ Age

I". White I~ Age

Number Male Group Number Female Group

- -- - --

70

25.0 14.5

- --

113

40.4 23.8

- --

42

15.0 25.5

-

--

30

10.7 27.3

- --

8

2.9 20.5

- --

16

5.7 34.0

- --

1

.3 7.1

- --

280 100.0 20.9

-. - -

Ne"ro
V.I ..
% Negro ~ Age

.~
Female
% Negro 1% f.ge

Number Male Group Number Female Group

-7
414

.7 100.0 39.1 85.5

- -- --

361

34.1 76.2

-

--

123

11.6 74.5

80

7.5 72.7

- -- --

31

2.9 79.5

31

2.9 66.0

- -I - -.

13

1.2 92.9

- --

l,06~ 100.0 79.1

- --

C ABA NOO NMENT

Whi te

-'N""e=;"'r~o'____

~="';_----

Total number ercent

1f---N-um-b-e-r-t."..-i~M"a:a?il"e::'ce:-l~lG'rr,~"~"';:--1-Num--b-e-r""l,fFF_'e-,m~;;maa;;r.el1t.C'e~-G'rr'~"g~;:--1I----Nu-m-b-e-r--''''%'':.."M'e''a:lree''-o-:-1~lG-r'r'~"~~;:--1-N-um--b-e-:""1";F -F,;..:.:e..,m ,,g=~a'C:l:-erG.-rJ~-~~

Under 16

1

.1

1

.1 100.0

-

-

-

-

-

-

16 - 20

164

8.7

32

4.3 19.5

-

-

-

130

11.6 79.3

2

25.0

1.~

21 - 25

536

28.6

177

23.9 33.0

-

-

-

357

31.8 66.6

2! 25.0 I .4

26 - 30

473

25.2

31 - 35

266

14.2

190

25.6 40.2

136

18.3 51.1

3

75.0

.6

1

25.0

.4

278

24.8 58.8

128

11.4 48.1

2 I 25.0 I .4

I 1 I 12.5

.4

36 - 40

218

11.6

99

13.3 45.4

-

-

-

118

10.5 54.1

1 I 12.5

.5

:-=0-+--.-::c-it-l-1-:.-:~--cl=-0=-:=-:-:;:-t-4=-:=-:,:=-r--c:~L-J .~ 1
1----;;;"';"';.,-:L;:-::-1----:1::-8cc7cc::=-+j: --Ol-:::0-::::-::;:--\f----;;;7:4CC::o-t-c:l:-::::C:"-:2-=:+"':=-:-::;:-r----:-:--t-c:l:-:;0c0:-.

- 123 -

Total Number Fercent

Under 16

88

2.7

16 - 20

781

24.0

21 - 25

1,035

31.8

26 - 30

512

15.7

31 - 35

370

11.4

36 - 40

233

7.1

41 50

118

3.6

Over 50

122

3.7

TOTAL

3,259

100.0

TABLE 4 (Cont'd)

P/UlT XI

SEX CRIMES

Male

1% White

Number

Male

A Wh te
~ Age Group Number

TOTAL
Female %. White
Female

~ Age Group

31

1.9 35.2

5

1.4 5.7

473

28.6 60.4

84

23.5 10.9

607

36.6 58.5

95

26.8 9.4

2'11

15.7 50.8

41

11.6 8.2

IB

8.9 40.0

41

11.3 11.1

71

4.3 30.5

51

14.1 21.9

24

1.5 20.3

32

8.8 27.1

43

2.6 35.2

9

2.5 7.4

1,658 100.0 50.8

368 100.0 11.1

I IIale
% Negro Number Mele

52

5.5

NelO'o

Female

~r~~~

Number

%F::fI~

% Age Group

59.1

- --

202

21.2 25.9

22

7.6 2.8

242

26.4 23.3

91

31.4 8.8

134

14.1 26.2

76

26.2 14.8

121

12.6 32.4

60

21.0 16.5

81

8.4 34.7

30

10.4 12.9

52

5.5 44.1

70

7.3 57.4

10

3.4 8.5

- --

954 100.0 29.2

289 ' 100.0

8.9

r Total Number Percent

lJnder 16

14

16 _ 20

119

3.1 26.0

21 - 25

136

29.8

26 30

54

11.8

31 - 35

57

12.4

36 40

33

7.2

41 - 50

20

4.4

Over 50

. 24

5.3

TOTAL

457

100.0

B. RAPE

Male
1% White Number Male

5

2.3

56

26.2

72

33.6

26

-12.1

25

11.7

15

7.0

5

2.4

10

4.7

214 100.0

White

f"emale

~ Age

%.White i\> Age

Group Number Female Group

35.7

-

--

47.1

-

--

53.0

-

--

48.1

-

--

43.9

- --

45.5

- --

25.0

-

--

41.7

- --

46.9

-

--

Number 9
63 64 28 32 18 15 14 243

Ne 0'0

-~

Mele % Negro 1% Age
Mele Group

Female
I %,Negro ~ Age
Number Female Group

3.7 64.~

- --

25.9 52.9

- --

26.3 47.0

- --

11.6 51.9

- --

13.1 7.4 6.2 5.8

56.1 54.5 75.0
58.~

-
-
-

--

.--
.

100.0 53.1

- --

C. ASSAULT WITH INTENT TO RAPE

I'I

I

--T---~roa""'''e~-~-\\'h=ri",t",e------''OCema=l''e~-'-----1f-------'''=al..-:e;c--~----'N'-'e'--"o'----~F"'e:::m=a:cl".;c------1

' : }.Total

Ii

_~~NUIIi~~- percenM

- - - ",n lr WOhC1i.'"1t-;;e"T<~"---'A-;:g-;;e--+---T"%'.:'iWi-i<h:'i1i'1it"'e:-.c~"--:A'-:g:-:e,----/l------%ror"-N7eg=r:Co:-TiI\">-A"g=-=e:-t-----r1.%~.N2e":gr=o"--,%or-'A=ge=--I
Number Male Group Number Pemale Group Number Male Group Number Female Group

Under 161

13 i

3.3

3

1.4 23.1

-

-

-

10

5.5 76.9

-

_

_

[ :16:- 20 I

72 i 18.3 II

41

19.4 56.9

-

-

-

31

17.1 43.1

-

-

-

'[ 21 - 25"

137"

34.7 if

98

46.5 71.6

1

50.0.7

38

21.0

26 - 30 I :'.1 - :',5

:~ I 2~:: II :: 2::: ::::

1.: ~

50.:

::

,

65.5

36 - 40

14 I

3.6 II

14

i 100.0

41 - 50

13 I

3.3 I

13

100.0

k::~L50- 35 I

8.9 Ii

9

4.3 25.7

-I

-

26

~4t- 100:oT--2-1-1--+-1-0-0-.-0+-53-.-6----1--l0-~0-.20+---.-s-it---1-8-1+,---1-00-.-0--+-4-5.-9-t---_-t---_-t---_-\

D. SEDUCTION

--

Total Numb'3r Percent

Under 16

2

.7

16 - 20

109

39.2

Number 1
79

Mae % \\'hite
Male
.6
43.9

Wl:ite

emale

~. Age

%. \\'hite ~ Age

Group Number Female Group

50.0

-

--

72.5

- --

21 - 25

69

24.8

35

19.4 50.7

- --

26 - 30

27

9.7

15

8.3 55.5

- --

31 - 35

34

12.2

25

13.9 73.S

- --

I 36 40

26

9.4

-11- SO

7

2.5

20

11.1 76.9

5

2.8 71.4

- --
- --

~ t~ 64.~ l4= I Over 50

4

-

TOTAL

278

100.0 .

180

---

Number 1
30 34 12
9 6 2 4 98

Ne ro

Mae

Fe!'W.le

% ~:~~o

'" Age Group

[% Negro I~ Age Number Female Group

1.0 50.0

-

--

30.6 34.7 12.5

27 .~ 49.:5 44.5

- --
- -- --

9.? 26.5
6.0 23.1 2.0 28.6

- --

I
~I

-

-
-

4.0 1100.0

-I - -

100.0 35.3

-

--

TABLE 4 (Cont'd) Part XI - Sex Crimee (Cont1d) E. ADULTERY AND FORNICATION

- - - - - - - _ . _ . _ - - - - --_.,,- -_...!...----_._---

- ~ - - - - - - ~ . _ - - - - -~

~

e--------~ .------~

White

Total I Number iPercent

'----~~~e
Number Male

~ Age Group

Female %. White Number Female

.~ Age Group

I Under 16 1
, 16 - 20

53

3.4

I 428

27.1

21

2.6 39.6

274

:34.0 64.0

5

2.0 9.5

79

31.3 18.5

I l,' 21 - 25

515

21; - 30

248

32.6 15.7

312

38.7 60.6

119

14.7 48.0

64

25.3 12.4

24

9.5 9.7

il 31 - 35

165

10.4

50

6.2 30.3

22

8.7 13.3

36 - 40 41 -

94 I
46

33 -

I

1,582

--

5.9 2.9 2.0 100.0

20

2.5 21.3

il ,: 33.3 ---

807
~~--

. 100.0
~

._-51.0

23

9.2

26

10.4

9

3.6

252 100.0 -

24.5 56.5 27.3 15.9

Number
27 56

IIale :r; Negro
lIale
9.2
19.0

Ne ....0

~_ ABe

%EN~egr-o -%-ArBe~

Group Number Female Group

50.9

- --

13.1

19

8.3 4.4

66

22.4 12.8

7:5

32.0 14.2

40

13.6 16.1

65

28.5 26.2

42

14.2 25.5

51

22.4 30.9

~3

11.2 35.1

18

7.9 19.1

18

5.1 39.1

13

4.3 39.4

2

.9 4.4

- --

295 -

.._- 100.0

18.6 I

228

100.0 14.5

F. PUBLIC INDECENCY

I

~---------

~~ ~-- ~~--------

----.------~---~.

Whit"

------~

l"ema e

I

Total Number Percent

-

Under 16

2

1.1

1% White ~ ABe Number Male Group
- --

%_ White Number Female
--

16 - 20

27

15.3

16

17.4 .59.3

1

7.1

~ Age Group
-
3.7

21 - 25

62

-26 - 30
I 31 35

30 26

36 - 40

10

41- 50

15

Over 50

4

TOTAL - -----r76

35.2

17.0

14.8

5.7

8.5

2.4

10 _..._....

0_-

.

0

34

37.0 54.8

17

18.5 56.7

13

14.1 50.0

5

5.4 50.0

6

6.5 40.0

1

1.1 25.0

92 100.0 52.3

5

35.7 8.1

2

14.3 6.7

2

14.3 7.7

2

104.3 20.0

2

14.3 13.3

- --

14 100.0 8.0

Number 2 8

~._----~-
Ne Male :r; Negro ~ ABe Male Group

ro Number

Female 1%_ Negro
Female

3.6 100.0

-

-

~ ABe Group

i

-

14.3 29.6

2

14.3 7.4

19

33.9 30.6

4

28.6' 6.5

10

17.7 33.3

1

7.1 3.3

9

16.1 :34.6

2

14.3 7.7

2

3.6 20.0

1

7.1 10.0

3

5.4 20.0

3

5.4 75.0

56 100.0 31.7

4

28.6 26.7

- --

- 14

100.0

8.0

G. SODOMY AND BEASTIALITY

-F- - Tota: -

~~~i!~~-%-Ag~ite------

Under 16 2'~.::e: 4!e,::c:~l~1>.~ __ t - 9 Mal: G;:~~

16 - 20

15

9.3 I

5

4.9 33.3

-I

-~ri~~--ABe---- -~~ F-oo m-ale--~ A-ge

Number

Mla9:~.55 Group Number Female Group ~~-~~

75.0

93

60.0

1

20.0 6.7

21 - 25

l

42

26.1 I

25 I 24.9 I 59.5 :

4

44.4 I 9.5 I

10 I 21.7 23.8

3

60.0 7.2

26 - 30 31 - 35 36 - 40

:: ~::! ::, :::: ~:: 34

21.1

24

23.91 70.5

2

22.2 I 5.9 Ii

I :::: I : :::: I il

7

15.2 20.7

18.2
: I ,::: 27.8

1

20.0 2.9

:L ,::.1 ,~l-,::t~~~- 41 50
Over 50 TOTAL

iooJ,;~ L-4:--+--1~-:-:-:-t ;~:~-l-- _~J~100.:Lcij

21 - 25

74

36.3

26 - 30

37

31 - 35

37

36 - 40

36

17.6

::J_-,~:+-

2

20.0

4

5.0 40.0

4

12.5 40.0

31

62.0 I

21

26.2 28.3

11

10

20.0 27.1

11

13.8 29.7

7 I 21.9

7

18.9

16

20.0 43.3

61 i8.8

-

-

-

24

30.0 66.7

2

5.6

J",.:, ..:---;8-;:;+-~1~'~-;:c-+--;~"'9'~-;;--t- _J-c1'0':,:-=:-+-1-=~;-:;:,:-;:;-+-

11

26.3

9

21.4

8

19.0 21.6

10

23.8

4

9.5

I

_

4. 2---iI-=-1;0;-0-.-0+---.2=0-.:6:--I

- 125 -

TABLE 4 (Cont'd)

PART XI - Sex Crimes (Cont'd)

I. INCEST

Under 16 16 - 20 21 - 25 26 - 30

Total Number Percent
--

1

14.3

--

1

14.3

31 - 36

1

14.3

36 - 40 41- 50 Over 50 TOTAL

1

14.3

--

3

42.8

7 100.0

PART XII

GAMBLING

A. TOTAL

~--I-

Icf_-__~~;;;Ma1't'le~_,_~~-~----Wr,----if_t-.;------

I!----<N"'um=b"eT'=ro=-:t:a:=Pl~-eccrccc"ec::n"t;--1

Number

1% White I~ Age
Male Group

Number

Number

Under 16

13

.2

13

.3 100.0

16 - 20 1,090

18.7

230

23.4 21.1

9

11.5

.8

789

62

12.8

5~7

21 - 25 1,870

32.0

374

38.0 20.0

17

21.8

1,371

32.0 73.3

108

22.3 5.8

26 - 30

929

15.9

200

20.4 21.5

12

15.4 1.3

633

14.7 68.1

84

17.4

31 - 35

707

12.1

94

9.6 13.3

13

16.6 1.8

513

12.0 72.6

87

18.0 12.3

36 - 40

605

10.4

75

7.6 12.4

25

32.1 4.1

409

9.5 67.&

96

19.8 15.9

41 - 50

353

6.1

10

1.0 2.8

2

2.6

.6

302

7.0 85.6

39

8.0 11.0

b~:~0~:,,:_L_50:::~:~-=5:;~l.e_,,:~_-:=-85~-:::_--_i~O=~~:-~:-~-",I--~~9~-8~~:~~~~:1~0:0~.::~1~:1~6-'o.:::~-j~::::~7_:=~-:~::1:0~0~'-=-~0~~~-~=1:'~-=3::~:::~4-,-~,-=:~:~::~:::~1~0~:::~:~:::~::_i4l~j--l--0--~-:--:-f---:-:-:-~-~

Under 16
16 - 20 21 - 25 26 - 30 31 - 35 36 - 40
41 : 50
Over 50
TOTAL

Total Numher Percent

1

1

495

19.2

785

30.5

443

17.2

303

11.'7

284

11.0

152

5.9

113

4.4

2,576

100.0.

B. LOTTERY

1------ Male

White

Female

1% White 1% Age
Number Male Group

Numbp.T I %F:;i: I~r~~~

- -- - --

105

31.4 21.2

3

6.5

.6

155

46.2 19.8

8

17.4 1.0

75

22.4 16.9

- --

- --

- --

- --

7

15.2 1.6

9

19.6 3.0

17

37.0 6.0

2

4.3 1.3

- --

335 100.0 13.0

46 100.0 1.8

--M~~ro

----_._~
Female _______

~r~~~ I% Negro
Number Male

Number

1%FNem_e. garloe

1% Age
Group

1

.1 100,0

-

--

335

18.5 67.7

52

13.4 10.5

533

29.5 67.9

89

23.0 11.3

299

16.5 67.5

62

16.0 14.0

225

12.5 74.3

69

17.8 22.7

I 192
118

10.6 6.5

67.6 77.6

75

19.4 26.4

32

8.3 21.1

105

5.8 92.9

8

2.1 7.1

1,808 100.0 70.2

387 100.0 15.0

Total Number Percent

Under 16

12

.4

16 - 20

595

18.3

21 - 25 1,085

33.3

26 - 30

486

14.8

31 - 35

404

12.4

36 - 40

321

9.8

41 - 50

201

6.2

OVer 50

155

4.8

TOTAL

3,259

100.0

C. OTHER TYPES OF GAMBLING

Male
1% White
Number Male
--

White

Female

:;\; Age

%_ \\'hi te

Group Number Female

- --

% Age Group
-

125

19.3 21.0

6

18.7 1.0

219

33.8 20.2

9

28.2

.8

125

19.3 25.7

5

15.6 1.0

94

14.5 23.3

4

12.5 1.0

75

11.6 23.4

10

1.5 5.0

- --

8

25.0 2.5

- --

- --

648 100.0 19.9

32 100.0 1.0

Ne

Male
1% Negro

%Age

Number Male Group

12

.5 100.0

454

18.3 76.3

838

33.7 77.2

334
288 I

13.5 11.6

68.8 71.3

217

8.7 6'1.6

184

7.5 91.5

155

6.2 100.0

2,482 100.0 76.1

0
Female
%Negro %Age
Number Female Group
- --

10

10.3 1.7

19

19.6 1.8

22

22.6 4.5

18

18.6 4.4

21

21.7 6.5

7

7.2 3.5

- --

97 100.0 3.0

- 126 _

TABLE 4 (Cont'd)

PART XIII

VIOLATIOH KOTOR VEHICLE LAW

Total Humber Percent

Under 16

27

Mal.
!% Whit. Numb.r Male

A. TOTAL

White

,,-----------NU.I.='r"------

~ Age Group

Female
Number I%F:;i: I~r~~~

::re.....1.

Number I%

o ~r~~~

%Negro
Number Female

--===j

%Age
Group

-;I

21

1.6 77.8

6

16 - 20

402

17.:5

21 - 25

8:56

:56.0

26 - :50

:570

16.0

218

16.8 54.2

467

:56.1 55.9

20:5

15.6 54.9

:5

1:5.6

6

27.3

5

22.7

172

17.7 42.8

9

:569

36.9 43.0

:5

154

J.5.8 41.6

8

:51 - :55

:5

1:5.6 1.0

122

12.5

6

23.1

:56 - 40

4

18.:5

91

41 - 50

1

.9

48

4.9 47.1

r------- -

-

-

20

j---------j--- -j----- - - - -

2.2

22 100.0

.9

972 100.0

80.0

-

-

-

---r--- -r-- ------"t-----

41.9

26 100.0
---~~~--

1.2

PART XIV

VIOLATION OF PROHIBITION LAWS

~_ Total Number Percent

A. TOTAL

-~--------

If--
I--

-

-

-

-

-

!

-%-~i~e

--~--A-g-e---+l-l-'-h~~l-r-oI;';";'F;:eWh-~1mt1a"~e"l'~!'"-eAg-=-e-=-----+----t-----------%----Nr.elilger-o

Number Male Group Number Female Group Number Male

= Ne
%""'A-={l=e---t---- Group Number

-

---

t:~ %Age-

Female Group

Under 16 16 - 20

198 5,629

.5

152

2,857

31

.2 15.7

15

.2

50.8

153

10.3 2.7 I 2,271

13.8 40.3

348

21 - 25 26 - ;50

6,686 9,222

18.0

1,442 4,492

11.2 M.7

21.5 48.7

268
171 i

18.1 11.6

3,548 3,472

21.6 21.2

53.1

1,428 1,087

17.3

21.4 11.8

31 - 35 4,462

12.0

16.5

1,806

11.0 40.5 1,143

18.2 25.6

36 - 40 3,9G3

10.5

:::::

:::

::::

: : : II

21.6

41 - 50 4,686

12.7 I 1,358

10.5 29.0

223

15.1

~;:~L~~~-~;j_ l~~ti ~--12-, :-;-_-+~- lo-0-~-:-:_ _~_-_~-:-:~1,-:~~1 100.0

-[ - -f% -=- =1- ~ NumbeTr otaPler-ce_~,~=~ II ~-~u~mber

B. POSSESSION OF LIQUOR
~~: White-
I f, Age=r _ Ma1,,- tGroup ! llumber

''''0-'''' 1':''''0 , ---..-,--,--,---- ~~ ro _ __ _

~

-Male M..1e

_~~up

Female

------j

I"~ NUDl2'B!'4-_ Female Ci:oup~

Under 161_

7

~: ::: I,:::

.2 'I

-

-,

-I

-

~:::' ::: ~~:: 3: I,

II

::::

II'

7

.4 100.0

325

18.0 52.1

533

29.3 37.0

-'
30 I
105

-

-I

8.3 I 4.7 I
29.2 I 7.3

26 - 30

834

18.J.

31 - 35

851

18.5

440

19.3 52.8

31

535

I 23.5! 62.9

:52

36 - 40

508 i

190

8.3

38

L=::;~51~_4!~id lh2~tl00:: , 41 - 50 ,

:

'I

220 i
i
100.0

75 I

3.3' 8.8
49.6

6

20.8 :5.7 21.5 :5.8 25.6 7.5
4.0 3.7

305

16.9 36.6

58 I

16.2 I 6.9

221

l2.2 26.0

63 I 17.6 I 7.3

201

11.1 39.6

79 I 22.0 I 15.5

115 103

k - 6.4 51.3 I
5.7 91.2

241

-;6.7: 10.9

1-8-1-0-t--l-00-.-0---r-39:4l_~si -~ 7.8

1 - - - - - - --~-------------

Under 16

Total Number Percent
-.

I 16 - 20

30

21 - 25

105

8.6 29.9

t---

Male
1% White

Number Male

--

23

12.1

68

35.6

C, SALE OF LIQUOR

White

~ Age Group

Female
I%_White !~ Age
Number Femal. Group

- - --

76.7

1

10.0 3.3

64.7

2

20.0 1.9

Ne
----lIii~--

% Negro '! Age
Number Male Group

- --

6

'.5 20.0

34

25.6 32.4

26 - 30

86

2'.2

62

32.5 72.9

2

20.0 2.4

20

15.0 23.5

31 - 36 36 - 40 41 - 50 Ov.r 50 TOTAL

48

13.7

29

8.3

36

10.0

111

5.3

- ~.. - - -

351

100.0

27 I 5 4I

14.1 2.6 2.1

10 21 191 100.0

56.2 17.2 11.4 10-.5 5'.4

1

10.0

2 I 20.0

2

20.0

--

f---
10 100.0

2.1

18

13.5 37.5

6.9
5.7
-
2.11

16

12.0 55.2

0

22

16.6 62.9

17

12.A 89.5

1

-

--133

r

-

100.-0~

_._-37.9

--
0
Female !%_ Negro I ~_ Age Number Female Group
- -- --

1

5.'9 1.0

1

5.9 1.2

2

11.8 4.2

6

35.2 20.7

7

41.2 20.0 I

- 4.~ --
17 100.0

- 127 -

I-~'-1_, Total
~~;;l;'1lfumbe: Percent .3

16 - 20

54

7.7

21- 25

169

24.2

26 - 30

136

19.5

31 - 35

131

18.7

36 - 40

108

15.5

41 - 50

52

7.4

Over 50 TOTAL

47

6.7

-

699

100.0

TABLE 4 (Cont'd) PART XIV - Violation I'rohibition Laws (Cont' d)
D. MANUFACTURING LIQ.UOR

Number 2
51

l4ale " White
Male
.5
13.3

White

Female

~ Age Group 100.0

% White ,~, Age Number Female Group
- --

94.5

1

14.3 1'.9

107

27.9 63.3

1

14.3

.6

Ne zro

lfale

Female

% Negro ~ Age

%,Negro ~ Age

Number lfale Group NUlIIber Female Group

- -- - --

2

.7 3.6

-

--

59

19.7 34.9

2

22.2 1.2

86

22.4 63.2

2

28.6 1.5

46

15.4 33.8

2

22.2 1.5

76

19.8 58.0

1

14.3

.8

51

17.0 38.9

3

33.4 2.3

51

13.3 47.2

- --

11

2.8 23.4

384 100.0 55.0

2

28.5 1.9

- - -i

- --

7 100.0 1.0

54

18.1

51

17.1

36

12.0

--

299 100.0

50.0 98.1 76.6 42.8

1

11.1

.9

1

11.1 1.9

- --

9 100.0 1.2

E. OTHER VIOLATIONS

I~----- ~-----~--'

, --'------------------.

-------------

Male

White

F"mal.----

1~ c!~::: ~er~e~~ I
I Under

Total

I" White
I Number 1fa1e
',~ ~~---~~-

150

1.5

~ Age Group
---
79.4

"_White I~ Age Number Female Group
- --

-- ---NUlIIber 24

- , - _.'M __ U_'. , - - - - - - - -

'~II.lie---

Ne ro

% Negro ~ Age-

lfale Group Number

Female
%,Negro Female

~,Age
Group

.2 12.6

15

.3 8.0

2,518

25.0 51.1

147

11.2 3.0

1,938

13.7 39.4

318

5.4 6.5

I ::::: :::::

::::

502 3,904

5.0 38.8

10.1 47.8

227

17.3 4.6

2,922

20.6 58.7 1,320

22.4 26.6

136

10.4 1.6

3,101

21.9 38.0 1,026

17.4 12.6

31 - 35 3,432

10.9

630

6.3 18.4

211

16.1 6.1

1,516

10.7 44.2 1,075

18.2 31.3

36 - 40 3,258

10.4

925

9.2 28.4

277

21.1 8.5

1,010

7.1 31.0 1,046

17.7 32.1

41 - 50 4,379

1,279

12.7 29.2

, t 160 I 1.51 7.5
- JO,068 100.0 32.0

215

16.4 4.9

100 I 7.5 I 407

1 313- 100.0 4.2

2,188 1,465 14 164

15.4 10.4 100.0

. 50.0

697

68.8

404

45.0 5 901

11.8 6.8
100 0

15.9 19.0 18 8

PART XV MISCELLANEOUS CRIMES
A. TOTAL
~:,,:,~~m~:f~f~~!f~ I~~ "~

21 - 25 3,927

26 - 30
-31 35

4,279 3,638

36 - 10 2,308

- 41 50

3,152

,

;

! Over 50 ! 2,291

--U LL -TO-TAL__ ' 4,662-

15.9 17.3 14.8
9.4 12.8

1,132

10.6

1,720

16.1

1,3110

12.9

815

7.6

1,626

15.2

1,772 I 16.5
'io,7~1~0

28.8 I 40.2 I 37.9 35.3 51.6 77.3 43.4

324

I ~3.6 8.3

183

19.0 I 4.3

170 170

~::: ~::

II

29

3.0

.9

- -1
963

ioo:~

,~\-

- - ---

-------- -- --

_ _ _ _ _ _ _ _~---l!~ _ "--- _ _ _~,

%

Male Negro

T%A,ge~_

,--~,

Female %, Negro

Numb e r
C'-""."L'-

Male I Group

--o-="~

-,

NUlIIber

Female

248

2.2 64.9

12

.7

~ Age Group
3.1

2, 370

21.2 50.6

89

4.8 1.9

2, 018

18.1 51.4

453

24.7 11.5

2, 06Z

18.5 48.2

313

17.1 7.3

1, 644

14.8 45.2

444

24.2 12.2

958
1, 354 504
.rl , 159

8.6 41.5 i 365
-t 12.1 43.0 I 143
140.50.! 622~.0-' --i~81343

19.9 15.8

7.Fl 4.5

.8

.6

---
100:0 7.4

B. ARSON

TABLE 4: tCont'd) Part XV - Kilce11aneousCr1me1 (Cont'd)
C. BIGAMY

Under 16

Total Number . Percent
--

16 - 20

9

5.8

21 - 25

62

40.0

26 - 30

31

20.0

31 - 35

29

18.7

36 - 40

12

7.8

41 - 50

5

3.2

Over 50

7

4.5

TOTAL

155

100.0

White

Male I % White I ~ Age Number Male Group

l"'ema e
1% White I ~ Age
Number Female Group

- -- - --

-

--

2

25.0 22.2

35

43.7 56.5

3

37.5 4.8

15

18.8 48.4

2

25.<) 6.4

16

20.0 55.2

10

12.5 83.4

4

5.0 80.0

- --

1

12.5 3.4

- --

- --

- --

80 100.0 51.6

8 100.0 5.2

Nea 0

-.r.~

'1>e,...

% Negro I ~ Age

1% Negro I ~ age

Number Male Group Humber Female Group

- --

7

12.5 77.8

--

-- --

20

35.7 32.2

4

36.4 6.5

11

19.6 35.5

3

27.3 9.7

10

17.9 34.5

2

18.1 6.il

1

1.8 8.3

- --

7

12.5 100.0

56 100.0 36.1

1

9.1 8.3

- - - 1

9.1 20.0

11 100..0 7.1

Under 16

Total Number Percent
--

16 - 20

3

9.3

21 - 25

7

21.8

26 - 30

2

6.3

31 - 35

8

25.0

36 - 40

2

6.3

41 - 50

2

6.3

Over 50

8

25.0

TOTAL

32

100.0

D. BRIBERY

White

MAle

Female

%White ~ Age

1% White ~ Age

Number Male Group Number Female Group

- - - - --

2

10.5 66.7

5

26.3 71.4

-- -- --

1

5.:3 50.0

- --

4

21.0 50.0

1

5.3 50.0

--

-

--

1

5.3 50.0

5

26.3 62.5

19 100.0 59.4

---

-

---

Ne IIale
~egro % Age
Humber Me1e , Group
- --

1

10.0 33.3

- --

1

10.0 SO.O

4

40.0 SO.O

- --

1

10.0 SO.O

3

30.0 37.5

10 100.0 31.2

0

Female

I % Negro % Age

Humber Female Group

--

-
-

--

2

66.7 28.6

- --

- --

1

33.3 SO.O

--

-
-

--

3 100.0. 9.4

-~

Total NU111.ber Percent

Under 16

2

.9

16 - 20

21

10.0

21 - 25

64

30.3

26 - 30

40

19.0

31 - 35

38

18.0

36 - 40

12

5.7

41 - 50

15

7.1

0ver 50

19

9.0

TOTAL

211

100.0

E. PERJURY

Number 1

MIl: e % White
Male
.9

White

.~ Age Group
SO.O

Number
-

Fema: e
% White ~ Age
Female Group
--

14

12.8 66.7

3,

25.0 14.3

41

37.6 64.1

4

33.3 6.3

23

21.1 57.5

2

16.7 5.0

24

22.0 63.1

2

16.7 5.3

3

2.8 25.0

- --

3

2.8 15.8

1

8.3 8.3

- --

- --

109 100.0 51.7

12 100.0 5.7

Number 1 4

bee
% Negro
Male
1.4
5.6

Ne" 0

Feme. e

% Age
Group

Number

%. Negro
Female

~r~~;

50.0

- --

19.0

-

--

11

15.5 17.2

8

42.1 12.4

9

12.7 22.5

6

:31.5 15.0

10

14.1 26.3

2

10.5 5.3

7

9.9 58.4

1

5.3 8.3

14

19.7 93.3

1

5.3 6.7

15

21.1 78.9

1

5.3 5.3

71 100.0 33.6

19 100.0 9.0

F. RIOTING

IIh

=N=uTm"b,oe"r-

t

,I,,aPoe;lr,c=e=n=t--

1~~===~:;;::~~%=;W M::ah:l;iet;e;::%::;A:g:We=h~i=t=e===:;I%:F~We~m~h:ai;t:ee::~%;=A=gte===~:J~~=;::;I;%;:MN::ea:gle:ro;::%:=NA=gee~""=N'uom==b;e=r ~!~%~FlFieNe:mme:gaa;lrl:ee0:;I;~;Gr:Ao:gu:e;p=~ Numoer Male Group Humber Female Group Number Male Group

4

3

6.5 42.9

26

1

33.3

13

28.3 28.3

6

42.9 13.0

14

21.5 45.2

1

33.3 3.2

12

26.1 38.7

4

28.6 12.9.

1

6.3

8

17.4 SO.O

2

14.3 12.5

4

8.7 40.0

1

7.1 10.0

2

4.3 25.0

1

7.1 12.5

4

8.7 44.4

1.5 100.0

- 129 -

TABU! 4 (Cont1d) PART XV - Miscellaneous Crimea (Cont'd)
O. FELONY

Total Number ,Percent

Under 16

77

2.2

16 - 20 21 - 25 26 - 30

1,070 757 767

30.4 21.5 21.7

31 - 35

335

9.5

36 - 40

235

6.7

41 - 50

160

4.5

OVer 50

123

3.5

TOTAL

3,524

100.0

Number 8
571

Male % White
Male
.5
36.3

White

% Age Group
10.4

Number
-

Female
%_ White llo Age Female Group
--

53.4

20

42.6 1.8

:516

20.1 41.7

282

17.9 36.8

9

19.1 1.2

6

12.8

.8

113

7.2 33.7

5

10.6 1.5

125 114
43 1,572

8.0 7.3 2.7 100.0

53.2 71.3 36.0 44.6

6

12.8 2.5

- --

1

2.1

.8

47 100.0 1.3

I Male
% Negro Number Male

Negro ~ Age Group Number

Female %_ Nep:ro
Female

~r~~~

60

3.6 77.9

9

4.2 11.7

461

27.3 43.1

18

8.4 1.7

370

21.9 48.9

62

28.8 8.2

433

25.6 56.4

46

21.4 6.0

175

10.3 52.2

42

19.5 12.6

85

5.0 36.2

19

8.8 8.1

34

2.0 21.2

12

5.6 7.5

72

4.3 58.5

7

3.3 5.7

1,690 100.0 48.0

215 100.0 6.1

Total Number Percent

Under 16

6

1.0

16 - 20

30

5.0

21 - 25

170

28.4

26 - 30

158

26.4

31 - 35

139

23.2

36 - 40

60

10.0

41- 50

27

4,5

Over 50

9

1.5

TOTAL

599

100.0

P. MISr.~~LANEOUS MISDEMEANORS

Male
I% White
Number Male

3

.8

Ie

3.1

White

Female

~ Age

1% White

Group Number Female

50.0

--

40.0

1

5.9

~ Age Group
-
3.3

116

30.4 68.2

7

41.2 4.1

111

29.1 70.3

5

29.4 3.2

101

26.4 72.7

1

5.9

.7

30

7.9 50.0

9

2.3 33.3

- --

3

17.6 5.0

- --

- - _.

382 100.0 63.8

17 100.0 2.8

Male
I% Negro
Number Male

3

2.1

17

11.6

NelTo

Female

~ Age

1%_ Negro I ~ Age

Group Number Female Group

50.0

-

--

56.7

- --

35

24.0 20.6

12

22.2 7.1

29

19.9 18.3

13

24.1 8.2

25

17,1 18.0

12

22.2 8.6

16

11.0 26.7

11

20.4 18.3

12

8.2 44.5

9

6.1 100.0

6

11.1 22.2

- --

146 100.0 24.4

54 100.0 9.0

Q. MIS DEI-lEA NOR

Total Number Percent

Under 16

278

1.5

16 - 20 3,410

18.2

21 - 25 2,354

12.5

26 -30 3,015

16.0

31 - 35 2,912

15.5

36 - 40 1,887

10.0

41 - 50 2,877

15.3

Over 50 2,064

11.0

TOTAL

18,797

100.0

Male
1% White
Number Male

White

Female

% Age
Group

Number

I

%F::l:

I ~ Age
Group

100

1.3- 36.0

4

.5 1.4

1,496

19.0 43.9

55

6.6 1.6

295

3.8 12.5

283

34.2 12.0

1,156

14.7 38.3

150

18.1 5.0

1,024

13.0 35.2

150

18.1 5.2

601

7.6 31.8

159

19.2 8.4

1,4'15 1,712 7,859

18.8 21.8 100.0

51.3 83.0 41.8

27

3.3

.9

- --

828 100.0 4.4

Ne Male I % Negro I ~. Age Number Mal" Group

171

2.0 61.5

1,798

20.8 52.7

1,441

16.6 61.2

1,484

17.1 49.2

1,362

15.7 46.7

803

9.3 42.6

1,257

14.4 43.7

352

4.1 17.0

8,668 100.0 46.1

0

Female

Number

%F:~~

7' Age Group

3

.2 1.1

61

4.2 1.8

335

23.2 14.3

225

15.6 7.5

376

26.1 12.9

~24

22.5 17.2

118

8.2 4.1

- --

.1,442 100.0 7.7

R. OBTAINING GOODS OR MONEY ON FALSE FRETF.NSE

If-------../ia"'1.-"=----Wh=i"it"''''----~FOCe=ma=l-=eC-----'~-+------;:Ma;;:,l~e----,N",e"rI'"-,---O---;FO;-ema~:le-:-----j
Total
Number Percent

Under 16

16 - 20

6

6

11.3 100.0

21 - 25 26 - 30

38

36.2

25

23

60.5

9

22.0 36.0

1

50.0

1

50.0 4.0

12

22.7 31.6

12

22.6 48.0

2

22.2

12.0

31 - 35

17

16.2

7

17.0 41.2

8

15.1 47.0

36 - 40

8

6

41 - 50

2

2

Over 50

9

TOTAL

105

100.0

- 130 -

Total Number Percent

Under 16,

4

1.1

16 -:20

40

10.8

21 - 25

176

47.7

26 - 30

83

22,5

31 - 35

29

7,9

36 - 10

20

5,4

41 - 50

7

1,9

Over 50

10

2,7

TOTAL

369

100,0

TABLE' (Cont'd) PART XV - Miscellaneous Crimes (Cont1d)
K. ESCAPE

Number 1 5

Whlte

Male

Female

% White ,~ Age.

% White ~ Age

Male Group Number Female Group

.6 25.0

- --

2.9 12.5

-

--

117

66.8 66.5

4

44.4 2.3

35

20,0 42,2

3

33,4 3,6

10

5,7 34,5

5

2,9 25,0

- --

2

1.1 20,0

175 100.. 0 47,4

2

22,2 6.9

- --

- --

- --

-

9 100.0 2.4

Number 3

Male % Negro
Male
1.9

Ne ro

Female

% Age

% Negro % Acre

Group Number Female Group

75.0

-

--

32

19.6 80.0

3

13.7 7.5

47

28.8 26.7

8

36.4 4.5

38

23,3 45.8

7

31.8 8.4

15

9,2 51,7

2

9.1 6,9

14

8,6 '10,0

1

4.5 5.0

6

3.7 85.7

8

4.9 80.0

1

4.5 14.3

- --

163 100.0 44.2

22 100.0 6,0

L. FALSE OATH

Under 16 16 - 20

Total Number Peroent
--

2

2.6

f----
Number
-
-

21 - 25

24

30,8

15

26 - 30

20

25,6

16

31 - 35

22

28,2

19

36- 10 41 - 50

2

2,6

5

6.4

--r

Over 50

3

3,8

.

TOTAL

78

100,0

50

White

Male

Female

White % ABe

I%_ White l' Acre

Male Group Number Female Group

-- - --
-- - --

30,0 62,5

2

50,0 8.3

32,0 80,0

1

25.0 5,0

38,0 86.4
---
--

- . - - 1

25.0 4.5

- --

- --

100.0 64.1

4 '100.0 5.1

-
Number
-
2

Male % Negro
Male
-
9.5

Ne ro

Female

~ Age

% Negro 1 % Age

Group Number Female Group

- - --

100.0

-

--

4

19,1 16.7

3

14,3 15,0

2

9.5 9,1

2

9.5 100,0

5

23,8 100,0

3

14,3 100,0

3 100.0 12,5

- --

-

-

--

- --

- --

21. 100.0 26.9

3 100.0 3.9

Un":er 16

Total Number rercen"
--

16 - 20

12

5.'7

21 - 25

90

42,5

26 - 30

36

17.0

31 - 35

37

17,5

36 - 40

15

7,0

41 - 50

15

7,0

Over 50

7

3,3

TOTAL

212

100,0

M. KIDllAPPING

White

Male

Female

% White ~ Age

%_ White ~ Age

Number Male Group Number Female Group

- -- - --

7

5.5 58.3

-

--

60

47.2 66.7

I';

23.8 5,6

17

13,4 47.2

8

38,1 22.2

23

18.1 62,2

5

23,8 13,5

10

7,9 66,6

1

4,8 6.7

10

7,9 66,7

- --

2

9,5 13.3

- --

127 100,0 59,9

21 100,0 9,9

Number
-
5

Male
% Negro
Male
-
9.6

Nen'o

Female

~ Age

1% Negro % Age

Group Number Female Group

- - --

41.7

- --

24

46.'2 26.7

1

8.3 1,0

9

17.3 25.0

2

16.7 5,6

5

9,6 13.5

4

33,4 10.8

3

5,8 20,0

- --

6

11,5 85.7

1

8,3 6.7

3

25,1} :'0,0

1

a~3 14,3

52 100,0 24,5

12 100.0 5.7

Total Number Percent

Under 16

16 - 20

2

21 - 25 26 _ M

15

5

15,6

31 - 35

4

12,5

36 - 40

2

6,3

41 - 50

3

9,3

Over 50

1

3,1

TOTAL

32

100,0

N. BLACKMAIL ~.Jm FJC'l'ORTION

White

Male

Female

% White ~ Age

1% Woite ~ Age

Number Male Group Number Female Group

2

7.4 100,0

14

51,9 93,3

3

11.1 60,0

3

11.1 75,0

2

7,4 100,0

2

7 __4.' 06,7

1

3,7 I 100,0

27 100,0 84,4

1

2

50,0 40.0

1

25,0 25.0

4. 100,0

Number

Male % Negro
Male

Ne % Age Group

0
Number

Female %_Negro .~ Age
Female Group

1 100,0 33.3 1 100.0 3.1

_ 131 -

Total Number Percent

Under 16

1

1.7

16 - 20

7

12.1

I 21 - 25
26 - 30

13

22.4

8

13.8

31 - 35

12

20.7

36 - 40 I
41 - 50
I Ov~r 50
TOTAL

9

15.5

4

6.9

4

6.9

58

100.0

---

TABLE 4 (Cont'd) PART XV - Miscellaneous Crimes (Cont'd)
O. CRUELTY TO CHILDREN AND ANIMJ\ LS

---------~-

White

MA1A

Fe_h

Male

,% White ~ Age

%. White I~ Age

Number Male Group Number Female Group

1% Negro Number Male

- -- - - -

1

3.6

- -- - --

7

24.9

3

17.6 23.1

5

29.4 62.5

2

66.7 15.4

- --

5

17.9

1

3.6

] 29.4 17.6
6.0
-

41.7
33.3
25.0
-

1

33.3 8.3

- --

- --

- --

5

17.9

4

14.3

2

7.1

3

10.7

100.0 29.3 ---

3 100.0 5.2

28 100.0

Ne ~ Age Group
1~.0
100.0 38.4 12.5 41.7 44.5 50.0 75.0 48.3

0

Femal.

Number I%F:::i~

~_ Age Group

- --

- --

3

30.0 23.1

2

20.0 25.0

1

10.0 8.3

2

20.0 22.2

1

10.0 25.0

1

10.0 25.0

10 100.0 17.2

P. VIOLATION GAME LAWS

~_ Total Number Peroent

Under 16

2

1.1

16 - 20

14

7.6

21 - 25

57

31.0

26 - 30

34

18.5

31 - 35 36 - 40 41 - 50

33 I 23 I
13

17.9 12.5
7.1

Over 50 I

8

TOTAL

184

4.3 100.0

--- ----

White

--%~i~e -if, Age

Female /< White % Age

Number Male Group Number Female Group

- -- - --

9

8.7 64.3

-

--

32

30.8

19

18.3

23

22.1

14

13.4

2~ 5

4.8

104 . 100.0

56.1 55.9 69.7 60.9 38.5 25.0 56.5

1 100.0 1.8
- -- --I - - -- --

1 100.0

.5

MA' e % Negro Number Male

2-

2.7

Ne ~ Age Group 100.0

0
Female
.%. Negro I~ Age
Number Female Group
- --

4

5.3 28.6

1

25.0 7.1

23

30.6 40.3

1

25.0 1.8

14

18.7 41.2

i

25.0 2.9

10

I 13.3 30.3

-

--

8

10.7 34.8

8

10.7 61.5

6

8.0 75.0

- - 1

25.0 4.3

-.

- --

75 100.0 40.8

4 100.0 2.2

SO'.u"ce: Jail dockets of the counties.

ApPENDIX C

TABLE 5* BAIL BONDS R~UIRED IN FELONY AND MISDEMEANOR CASES
B'1 Amount of Boud In a Rural Georgia Count'1 January 1, 1926 - December 31, 1935

Amount of Bond

Total Number Percent

1'00 Bond

or Le

1'00 BBoonndd 210011 -- 300

Bond 301 - 500

Bond 501 - 1,000

35

8.1

329

76.1

18

4.2

M

7.9

16

3.7

TOTAL

432

* Source: Bond docket of the County.

100.0

Misdemeanors Number Peroent

26

6.8

318

83.0

17

4.4

12

a.2

10

2.6

383 100.0

Felon1. . itumber Peroent

9

18

11

22.4

1

2.0

22

44.9

6

12.S

"9 100.0

TABLE 6*
TYPES OF BAIL BONDS ACCEPTED IB FULTON COUB'fi GEORGIA Janua17 1, 1926 - Deoember al, 19S6

Years

Bond S1gned

B'1 Defendant

W1th No Other

Total

Sureties

Bond Signed B'1 Defendant With No Other
SureUe';

Bond Signed 117
Defendant and Profess1onal CaSh Depolll1ted
Bondsman &8 with Sheriff in Suret1.. Lieu of Boud

Bond Signed b'1 Defendant and Suret'1 Compan'1
as Sureties

1926 Number 5,557

2,134

276

2,822

317

9

Percent 100.0

38.4

".9

60.8

5.7

.2

1927 Number 4,257 Percent 100.0

1,425 33.4

160 3.8

2 b860.99

160 3.8

3 .1

1928 Number 4,247

1,446

135

2,538

126

2

Percent 100.0

34.0

3.2

59.8

2.9

.1

1929 Number 4,278

1,331

204

2,640

99

4

Percent 100.0

31.1

4.8

61.7

2.3

.1

1930 Number 4,187

1,336

191

2,517

109

34

Percent 100.0

31.9

4.6

60.1

2.6

.8

1931 Number 4,540

1,392

U8

2,839

80

Percent 100.0

30.7

4.8

62.5

1.8

11 .2

1932 Number 4,355

1,233

233

2,828

46

15

Percent 100.0

28.3

'5.4

64.9

1.1

.3

1933 Number 4,320

1,039

294

2,942

45

Percent 100.0

24.1

6.8

68.1

1.0

19M Number 4,968

1,007

196

3,753

12

Percent 100.0

20.3

3.9

75.6

.2

1935 Number 5,034 Percent 100.0

890 17.7

195 3.9

3~0.54

45 .9

TOTAL Number 45,743

13,233

2,101

29,292

1,039

78

100.0

28.9

4.6

64.0

2.3

.2

* Source: Bond docket of Fulton County.

- 133 -

CRIMES
Acce.sory to the Crime Adultery and Fornication As.ault As.au1t and Battery Blackmail
Carrying Concealed Weapons Carrying Pistol without License Cheating and Swindling Escape Defrauding Board Bill
Di.po.ing of Mortgaged Property Di".turbing Public Wor.hip Drunkenness Gambling Larceny, simple
Maintaining Di.orderly House Maintaining Gambling Device Maliciou. Mischief Misdemeanor, miscellaneous Operate Automobile Intoxicated
Pass Worthless Checks Public Indecency Receiving Stolen Good. Reckles. Driving Soliciting for Prostitution
Stabbing Trespassing Vagrancy Violation of Game Law Violation of Motor Vehicle Law
Violation of Prohibition Law Violation of Tax Law Wife Beating
TOTAL MISDEMEANORS

TABLE 7
BAIL BOND ASSESSMENTS IN AN URBAN GEORGIA COUNTY By Cri....
January 1, 1926 - December 31, 1935
MISDEMEANORS

Under

Total

$50

$50 $101 $201 $301 $401 $501 $601 $801 411001 $5001

to

to

to

to

to

to

to

to

to

to' Over

100 200 300 400 500 600 800 1000 5000 10000 $10000

62

12

9

11

19

1

8

2

646

5

308 198

69

38

1

23

4

571

164 219 12b

5

45

1

7

4

2,779

1,194 '730 526

23 250

5

4

42

4

1

20

1

4

4

5

4

2

2,050 452
3,291 31 12

1

775 770 365

10 114

4

2

6

1

2

253 148

30

3

15

1

2

1 1,812 658 363

45 259

13

19

79

40

2

2

7

8

3

1

8

2

6

3

1

2

35

14

13

5

2

1

41

20

15

1

5

1,984

5 1,446 358

91

8

70

5

1

1,952

31 1,748

94

19

1

41

9

9

1,088

315 327 179

1 180

1

1

70

14

90

40

25

13

2

5

1

1

2

1

2,687

1 1,146 807 405

8 237

7

3

63

10

283

J.52

91

28

11

1

4,432

67 2,297

789

389

39 495

6

16 264

69

1

3,480

1 1,575 1,149 514

30 182

4

23

1

1

19

2

5

3

6

3

124

42

33

23

16

1

5

4

540

5

160

98

88

5 124

2

5

40

13

504

10

270 128

38

6

47

1

4

19

4

7

1

6

1

1,011

316 379 224

3

78

1

6

4

64

38

17

6

1

2

1,717

1,142 349

86

6 119

12

2

1

49

45

4

754

20

453 144

73

3

39

2

17

3

24,254
289 1,010

7 11,692 7,319 2,590 181 1,971

47

35 370

41

1

1

265

18

1

4

375

319

211

5

87

2

8

3

56,340

155 28,084 15,234 6,490 390 4,474

95

98 1,078 233

5

4

Crime.

Under

Total

$50

$50 $101 $201 $301 $401 $501 $601 $801 $1001 $5001

to

to

to

to

to

to

to to

to

to Over

100 200 300 400 500 600 800 1000 5000 10000 $10000

Arson Aasau1t with Intent to Murder
Assault with Intent to Rape Attempt Felony
Beastiality

32 1,453
159 599
34

1

1

2

21

7

18

55 118

12 541

3

22 487 178

17

2

2

5

9

2

27

7

2

57

39

9

65

98 102

3 208

3

8

92

19

1

1

2

6

22

3

Big""'Y Break and Enter Railroad Car
Bribery Burglary Embezzlement

i~~ 26 2,586
72

3

3

8

15

2

15

3

4

8

11

2

31

46

29

9

4

4

2

2

9

5

1

33 124

61

5 369

41

28 1,687 220

17

2

2

3

4

17

2

11

22

4

7

Felony, miscellaneous Forgery Kidnapping
Larceny
Larceny of Automobile

499

7

11

26

1

88

14

3 201 122

24

2

538

21

27

54

19 149

3 l'f4

71

20

64

5

1

6

13

1

21

1'7

7,815

13 3,162 2,045 961

58 1,026

44

50 364

86

6

1,978

48

52

46

5 178

1

5 1,477 161

5

Man.laughter Manufacture Liquor Maybem
"''urder Perjury

160

4

6

14

2

42

3

2

53

32

2

28

1

8

15

4

5

1

1

1

1

1

21

1

1

1

4

3

10

1

147

1

7

6

23

31

2

1

39

31

3

Rape
Riot
~~~~mon
Shooting at Another

28 16 1,5~
500

1

1

2

4

1\

9

15

33

43

1 213

2

1

5

1

28

24

74 lS6

14 195

10

9

1

1

3

4

6 664 496

37

4

6

26

15

1

2

10

41

4

TOTAL FELONIES

18,552

15 3,433 2,559 1,634

129 3,203 133

147 5,521 1,605

160

13

GRAND TOTAL

74,892

170 31,517 17,793 8,124

519 7,6'77

228 245 6,599 1,838

165

17

* Source: Bond docket of the county.

- l~-

TABLE 8*
BAIL BOND ASSESSMENTS IN GEORGIA COUNTIES January 1, 1926 - December 31, 1935

Amount of Bond

Total Number Percent

Urban County Number Percent

$100 or Less

32,702

40.4

31,687

$101 - $200

19,834

24.5

17,793

$201 - $300

10,082

12.5

8,124

$301 - $500

8,936

11.0

8,196

$501 - $1,000

7,280

9.0

7,072

$1,001 - $5,000

1,887

2.3

1,838

$5,001 - $10,000

169

.2

165

Over $10,000

17

.1

17

TOTAL

80,907

100.0

74,892

*Source: Bond dockets of three counties.

42.3 23.8 10.8 10.9
9.5 2.4
.2 .1 100.0

Ru-Urban County Number Percent

980
1,712 1,940
706
192 49 4

17.6 30.7 34.7 12.6
3.4 .9 .1

5.583

100.0

Rural County Number Percent

35

8.1

329

76.1

18

4,.2

34

7.9

16

3.7

432

100.0

TABLE 9*
BOND FORFEITURES IN AN URBAN GEORGIA COUNTY January 1, 1926 - December 31, 1935

Year

Bond Forfeitures

Number

Percent

Set Aside

Number

Percent

1926 1927 1928 1929 1930 1931 1932 1933 1934 1935

1,143 887 784 739 663 735 592 564 607
70;1

100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

991

86.7

679

76.6

624

79.6

538

72.8

456

68.8

498

67.8

427

72.1

397

70.4

524

86.3

327

46.3

TOTAL

7,421

100.0

5,461

73.6

*Source: Minute dockets of the City and Superior Courts of the county.

Not Set Aside

Number

Percent

152

13.3

208

23.4

160

20.4

201

27.2

207

31.2

237

32.2

165

2'1.9

167

29.6

83

13.7

380

53.7

1,960

26.4

- 135 -

TABLE 10*
COLLECTIONS OF BAIL BOND FORFEITURES In an Urban County of Georgia
January 1, 1926 - December 31, 1935

Year

Bond Forfeitures

Not Set Aside

Number

Percent

Number Bond Forfeitures

Not Set Aside in which

Collection was Made After

Judgment Had Been Rendered

Number

Percent

Number Bond Forfeitures

Not Set Aside in which No Collection was Made After

Judgment Had Been Rendered

Number

Percent

1926 1927 1928 1929 1930 1931 1932 1933 1934 1935

152

100.0

208

100.0

160

100.0

201

100.0

207

100.0

237

100.0

165

100.0

167

100.0

83

100.0

380

100.0

94

61.8

194

93.3

157

98.1

170

84.6

118

57.0

171

72.2

130

78.8

112

67.1

10

12.0

358

94.2

",OTAL

1,960

100.0

1,514

77.2

~,Source: Minute dockets of the City and Superior Courts of the count~

58

38.2

14

.6.7

3

1.9

31

15.4

89

43.0

66

27.8

35

21.2

55

32.9

73

88.0

22

5.8

446

22.8

TABLE 11*
FINAL JUDGMENTS ON BAIL BOND FORFEITURES In an Urban County of Georgia
January 1, 1926 - December 31, 1935

Year

Bond Forfeitures

Not Set Aside

Number

Percent

Bond Forfeitures Not Set Aside

In Which Final Judg-

In Which no Final

ment Was Rendered

Judgment Was Rendered

,Number

Percent

Number

Percent

1926 1927 1928 1929 1930 1931 1932 1933 1934 1935

152 208 160 ' 201 207 237 165 167
83 380

100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

132

86.8

194

93.3

129

80.6

187

93.0

203

98.1

229

96.6

150

90.9

1.61

96.4

79

95.2

376

98.9

'fOTAL

1,960

100.0

1,840

93.9

'::-Source : Minute dockets of the City and Superior Courts of the county;

20

13.2

14

6.7

31

19.4

14

7.'0

4

1.9

8

3.4

15

9.1

6

3,6

4

4.8

4

1.1

120

6.1

- 136 -

ApPENDIX D
TABLE 12

DETAIL OF CLASSIFICATION MISCELLANEOUS MISDEMEANOR Included in Table 14, Pages 140 - 141

CRIMES

NUMBl<.'R OF CASES

Abortion

:3

Accessory Before the Fact

:3

Barratry

:3

Blackmail

;3

Burning Fences

1

Concealing Death of Bastard Child

2

Conspiracy

:3

Enticing Servants Away

4

Extortion

2

Forging Letters

7

Giving Liquor to Minors

4

Harboring Absconding Child

2

Illegal Certification of Checks

1

Illegal Purchase of Cotton Seed

9

Involuntary Manslaughter

8

Making False Affidavit by Contractor

8

Maintaining Opium Joint

9

Permitting Marriage Certificate Illegally

1

Permitting Minors to Roll Tenpins

:3

Possessing, Making, or Mending Burglar's Tools

2

Poisoning Stream

8

Securing Produce from Realty

1

Selling Obscene Pictures

1

Sending or Delivering Threatening Letters

7

Taking Oysters from Bed out of Season

2

Using Illegal Trade Marks

7

Violation of Bulk Sales Act

:3

Violation of Insurance Regulations

4

TOTAL

111

- 137 -

CRIMES . _ - - - - - - - - - Abandonment Adultery and Fornication Assault Assault and Battery Attempted Beastiality or Sodomy Barbering Without License Bastardy Breaking, Entering, and Stealing Bribery. misdemeanor grade Carrying Deadly Weapons Carrying on Lottery Cheating and Swindling Cruelty to Children and Animals Defacing Public Property Disturbing. Divine Worship Escaping Failure to Pay Occupational Tax Firing Woods Gambling Hit and Run Driving Illegal Arrests Larceny, silllPle Larceny After Trust Libel Maintaining Lewd House Malicious Mischief Mayhem, misdemeanor grade Misdemeanors, blanket charge Misdemeanors, miscellaneous Obscene Language Obstructing Legal Process Operating Auto while Drunk Operating Slot Machine with Slugs Peeping Tom

TABLE 1:5*
MISDEMEANOR CASES By Year in which Docketed 19 City Courts of Georgia January 1, 1926 - December 31, 1935

Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent
Number Percent

Total
2,674 100.0
2,593 100.0
138 100.0
6,972 100.0
21 100.0
141 100.0
909 100.0
396 100.0
18 100.0
6,216 100.0
2,549 100.0
3,719 100.0
202 100.0
36 100.0
442 100.0
452 100.0
2:59 100.0
24 100.0
4,:575 100.0
76 100.0
45 100.0
20,225 100.0
955 100.0
10 100.0
297 100.0
774 100.0
19 100.0
1,188 100.0
100 100.0
24:5 100.0
28 100.0
6,952 100.0
75 100.0
44 100.0

1926 __1_9_27_~1~928 1929 1930 1931 1932 1933 1934 1935

149 133 229 246 269 407 281 309 348 303 5.6 5.0 8.6 9.2 10.1 15.2 10.5 11.5 13.0 11.3

354 255 352 580 264 211 147 162 143 125 13.7 9.8 13.6 22.4 10.2 8.1 5.7 6.2 5.5 4.8

13

14

16

10

9

11

15

30

10

10

9.4 10.1 11.7 7.2 6.5 8.0 10.9 21.8 7.2 7.2

530 575 652 688 716 6'79 '740 823 801 768 7.6 8.2 9.4 9.9 10.3 9.'7 10.6 11.8 11.5 11.0

2

2

2

4

7

9.5

9.5 9.5

19.1

33.3

18

34

31

58

12.8 24.1 22.0 41.1

49

52

'72

80

84 119 139 100 177

5.4 5.7 7.9 8.8 9.2 13.1 15.3 11.0 19.5

23

18

14

40

41

72

74

61

41

5.8 4.5 3.5 10.1 10.4 18.2 18.7 15.4 10.4

4

1

5

3

2

2

1

22.2

5.6 27.'7 16.7 11.1 11.1

5.6

716 574 615 656 633 629 600 659 623 511 11.5 9.2 9.9 10.6 10.2 10.1 9.7 10.6 10.C' 8.2

390 10.5

1
409 11.0

2 .1
3'75 10.1

18

14

11

22 631 954 893

.7

.5

.4

.9 24.8 37.4 ~.1

3U 448 463 454 317 255 267 9.2 12.0 12.4 F.? 8.5 6.9 7.2

23

2:5

15

24

16

24

22

13

26

16

11.4 11.4 7.4 11.9 7.9 11.9 10.9 6.4 12.9 7.9

1

6

2.8 16.'7

4

1

2

11.1 2.8' 5.5

4

10

8

11.1 27.8 22.2

56

60

41

24

17

50

40

51

47

56

12.7 1:5.6 9.3 5.4 3.8 11.3 9.1 11.5 10.6 12.7

36

46

45

53

66

51

33

32

48

42

8.0 10.2 9.9 11.7 14.6 11.3 7.3 7.1 10.6 9.~

19

10

36

88

12

27

16

9

13

9

'7.9 4.2 15.1 36.8 5.0 11.3 6.7 3.8 5.4 3.8

3

3

3

1

2

4

5

2

1

12.5 12.5 12.5 4.2 8.3 16.'7 20.8 8.3 4.2

1,109 528 463 551 312 255 25'7 263 315 322 25.:5 12.1 10.6 12.6 7.1 5.8 5.9 6.0 7.2 7.4

8

8

6

5

7

15

27

10.5 10.5 '7.9 6.6 9.2 19.8 35.5

7 15.6
1,479 '7.:5

9 20.1
1,547 '7.6

6

6

13.3 13.'1

1,660 1,638

8.2

~.1

5 11.1
2,119 10.5

3 6.'7
2.183 10.8

5 11.1
2,558 12.7

1

2

2.2 4.4

2,421 2,230 12.0 11.0

1 2.2
2,390 11.8

116 105 119

89 111

88

90

'72

88

77

12.2 11.0 12.5 9~3 11.6 9.2 9.4 7.5 9.2 8.1

1 10.0

5 50.0

3

1

30.0 10.0

U

~

U

~

~

~

~

13

18

30

1:5.8 11.8 8.'7 11_.8 12.4 8.1 12.8 4.4 6.1 10.1

61

40

50

50

73

81 120 114

96

89

'7.9 5.2 6.5 6.5 9.4 10.5 15.5 14.7 12.4 11.4

1

3

5.3 15.8

1

4

5.3 20.9

113

2

5.3 5.3 15.8 10.5

1

2

5.3 10.5

140 112 113

9'7

78 101

82

59 147 259

11.8 9.4 9.5 8.1 6.6 8.5 6.9 5.0 12.4 21.8

'7

8

7

9

10

16

16

7

6

14

7.0 8.0 7.0 9.0 10.0 16.0 16.0 7.0 6.0 14.0

11

15

30

18

23

21

36

37

25

27

4.5 6.2 12.3 7.4 9.5 8.7 14.8 15.2 10.3 11.1

4

2

:5

1

'7

4

1

114

14.3 '7.1 10.6 3.6 25.0 14.3 :5.6 3.6 3.6 14.3

415 577 538 665 547 809 798 860 751 992 6.0 8.3 7.7 9.6 7.9 11.6 11.5 12.4 10.8 14.2

2

3

9

2

5

9

13

26

2.7

4.0 12.0 2.7 6.'7 12.0 17.3 34.7

2

9

4

4

4.5 20.5 9.1 9.1

5 11.4

3

7

6.8 15.9

4

6

9.1 13.6

TABLE 1~ - Misdemeanor Cases (Cont'd)

'---_.,._------------------- - - - - - -

CRIMES

.,~-,.--.--"~~'-'

--'T:.:o:..:t:.::a=1_---=l:.::9:.::2,,6_--=l:.::9:.::2.c7_--=l:.:9:.::2:.::8_--=l::.:9"'2"'9_-'1::.:9:.:~:.:0'----__=19:..:~::.:1=--__=19:..:3::2=---=19::.3=3=---=1.::.9=_M=---=1.::.9=_35=_

Practicing Professi ,n without License

Number

46

Percent 100.0

4

5

3

2

2

10

1

4

8

7

8.7 10.9 6.6 4.3 4.3 21.7 2.2 8.7 17.4 15.2

Public Drunkenness

Number 6,731 Percent 100.0

477

563

664

793

639

583

544

019

8~1 1018

7.1 8.4 9.8 11.8 9.5 8.7 8.1 9.2 12.3 15.1

Public Indecency

Number

214

Percent 100.0

12

18

16

25

13

14

36

27

19

34

5.6 8.4 7.5 11.7 6.1 6.5 16.8 12.6 8.9 15.9

Receiving Stolen Goods

Number

293

44

39

40

45

45

1

1

1

44

33

Percent 100.0 15.0 13.3 13.7 15.4 15.4

.3

.3

.3 15.0 11.3

Receiving Unstamped Tobaccos

Number

840

33

34 238 174 184

95

43

24

12

3

Percent 100.0

3.9 4.0 28.3 20.7 21.9 11.3 5.2 2.9 1.4

.4

Removal of Mortgaged Property

Number

212

Percent 100.0

18

28

32

33

29

24

16

20

7

5

8.5 13.2 15.1 15.6 13.7 -11.3 7.5 9.4 3.3 2.4

Resisting an Officer

Number

66

6

Pereent 100.0

9.1

12

8

6

6

5

14

18.2 12.1 9.1 9.1 7.6 21.2

Rioting

Number

160

18

12

30

19

34

5

10

10

8

14

Percent 100.0

11.3

7.5 18.8 11.9 21.~

3.1

6.2 6.2

5.0

8.7

Selling Mortgaged Property

Number

93

11

9

7

15

18

Percent 100.0 11.8 9.7 7.5 16.1 19.4

14

6

3

5

15.1

6.4

~.2

5.4

Shooting at Occupied Dwelling

Number

49

Percent 100.0

844

5

16.2 8.2 8.2 10.2

5

12

10.2 24.5

Stabbing

Number 2, 407 Percent 100.0

194 160 200 209 221 220 295 345 292 271 fl.l 6.7 8.3 8.7 9.2 9.1 12.3 14.3 12.1 11.2

Trespass

Number

334

Percent 100.0

20

26

20

34

31

33

39

47

30

54

6.0 7.8 6.0 10.1 9.3 9.9 11.e. 14.1 9.0 16.2

Using Auto without Owner's Consent

Number

442

Percent 100.0

50

31

38

46

41

47

44

51

58

11.3 7.0 8.6 10.4 9.3 10.6 10.0 11.5 13.2

Using Horse without Owner's Consent

Number

16

Percent 100.0

4

3

3

25.0 18.7 18.7

1

2

6.3 12.5

1

2

6.3 12.5

Usury

Number

160

Percent 100.0

47

10

7

36

5

29.3 6.3 4.4 22.5 3.1

1

2

48

4

.6 1.3 30.0 2.5

Vagrancy

Number

4, ~27

513

517 438 379 65a 588 563 533 388 350

Percent 100.0 10.4 10.5 8.9 7.7 13.4 11.9 11.4 10.8 7.9 7.1

Violation of Common School Law

Number

19

5

Percent 100.0 26.3

4

2

5

21.1 10.5 26.3

1

2

5.3

10.5

Violation of County Health Regulations

Number

24

5

1

Percent 100.0 20.8

4.2

1

3

5

2

3

2

1

4.2 12.5 20.8 8.3 12.5 8.3 4.2

Violation of Election Laws

Number

16

Percent 100.0

1

1

6.3 6.3

6 37.4

8 50.0

Violation of Game Laws

Number 1,079 121

139 106 101 122 119

75 116

82

98

Percent 100.0 11.2 12.9 9.8 9.4 11.3 11.0 7.0 10.7 7.6 9.1

Violation of Highway Regulations

Number

52

4

13

1

12

7

Percent 100.0 7.7 25.0 1.9 23.0 13.5

3

4

4

5.8 7.7 7.7

~lo1atlon of Labor Laws

Number

130

8

Percent 100.0 6.2

1

2

3

.8 1.5 2.3

3 110 2.3 84.6

Violation of Motor Carrier Laws

Number

66

Percent 100.0

11

6

32

16

1

16.7 9.1 48.5 24.2

1.5

Violation of Motor Vehicle Laws

Number 3,929 462

423 395 419 458 390 444 225 268 445

Percent 100.0 11.8

10.8 10.1 10.7 11.7

9.9 11.2

5.7

6.8 11.3

Violation of Prohibition Law

i?6 Number 38,217 4,537
Percent 100.0 11.9

3i~?~ 4~i~~

4.696 12.3

3,912 10.2

4i

3,806 3,163 2,908 2,435 10.0 8.3 7.6 6.3

Violation of the Sabbath

Number

52

10

Percent 100.0 19.2

7

5

7

3

1

6

9

13.5 9.6 13.5 5.8 1.9 11.5 17.3

Violation of Timber Laws

Number

22

2

Percent 100.0 9.1

2

2

9.1 9.1

1

4

4.5 18.2

10

1

45.5 4.5

Vfife Beating

Number 1,389

88

Percent 100.0 6.3

107 112 124 123 158 159 158 195 165 7.7 8.1 8.9 8.9 11.4 11.4 11.4 14.0 11.9

GRAND TOTAL

Number 125,132 12,379 11,380 12,401 13,156 12,550 12,829 12,745 12,562 12,532 12,598

Percent 100.0 9.9

9.1 9.9 10.5 10.0 10.3 10.2 10.0 10.0 10.1

"Source: Docket. of 19 city court .

- 139 -

TABLE 14*
MISDEMEANOR CASES - BY COUNTY IN WHICH DOCKETED 29 City Courts of Georgia
January I, 1926 - December 31, 1935

CRIMES Abandomnent Adultery and Fornication Assault Assault and Battery Attempted Beastiality or Sodomy
Barbering without License Bastardy Breaking, Entering and Stealing Bribery, misdemeanor grade Carrying Deadly Weapons

Total
2,854 2,710
162 7,729
21

Fulton
1,725 666 29
2,871 10

141
931 448
20
6,930

38 657
251 13 2,431

Carrying on Lottery Cheating and Swindling crueHy to Children and Animals Defacing Public Proporty Disturbing Divine Worship

2,576 4,429
245
49 543

2,300 1,494
37
77

Escaping
Failure to pay Occupational Tax Firing Woods Gembling Hit and Run Driving

5<1,9
244 37
4.642 76

97
61 1 1,868 42

Illegal Arrests Larceny, simple Larceny Ai'ter Trust Libel Maintaining Lewd House

50 22,806
1,155 15 342

26 8,159
431 3
180

Malicious Mischief Mayhem, misdemeanor grade Misdemeanor, blanket charge Misdemeanor, miscellaneous Obscene Language

864

377

19

4

3,405

28

III

34

293

128

Obstructing Legal Process Operating Auto while Drunk Operating Slot Machine with Slugs Peeping Tom Practioing Prof. without License

30 7,138
114 47
55

4 3,424
20 7
21

Public Drunkenness Public Indecency Receiving Stolen Goods Receiving Unstamped Tobaccos Removal of Mortgaged Property

7,427
229 452 937 274

2,132 118 224 432 47

Resisting an Officer Rioting Selling ~rtgaged Property Shooting at Occupied Dwelling Stabbing

70
250 128 55 2,485

32 8
14 20 1,000

Trespass
Use Auto vrithout Owner's Consent Use Horse without Owner's Consent Usury
Vagrancy

416 475
20 150 5,477

56 103
126 3,290

Violation of Common School Laws

23

9

Violation of County Health Rules

27

9

Violation of Election Laws

26

9

Violation of Geme Laws

1,407

144

Violation of Highway .Regu1ations

60

12

Violation of Labor Laws Violation of Motor Carrier Laws Violation of Motor Vehicle Laws Violation of Prohibition Law Violation of Sabba,th

131
72 4,453 42,691
62

9 1,525 22,455
16

Violation of Timber Laws Wife Beating

24

5

1,442

874

TOTAL

141,056 60,233

* Source: MiIlllte dookets of 29 oi-ty courts.

Bacon

Appling

7 10

10

7

2

3

40

40

Brantley

Burke

Chathwn

Clarke

Bibb

Bulloch

Carroll

Chattooga

108

2

31

2

48

31 15

48

105

3

50 1

37

28

9

14

2

6

2

7

5

1

5

839

9 222 54 158 729 13

99

3

1

37

17

3

2

4 12

12

12

36 3

10

1 21

1

2

5

44

7

1

1

22

19 558

10

141 83

123 1,037 17

52

5

47 11 164

11

1 26

5

6

14

9 17

1 294 92

2

30

4

2

1

1

6

75 15

'.1

1

2

50 402

2

133

14

22

1

5

19

45

51

4

1

55

1 27

8 182

3

4

1

1 75

21

6 28

2

7 20 10 385

1 4,5 125

3

136 164 19

42

1

1

1

2

3

1

6

1

122

37 2,375

38 420 376

486 2.896 18

344

1 133

6 12

6 158

28

1

3

1

1 22

11

41

5

3

116

2

14 10

31

43

1

4

1

11

39

18

4

42 300

9

21 44

3

2

2

1

4

2 14

1

9 11 15

1

3

1

18

1

9

1

2 10

1

5

2

1

5

8 628

8

73

6

114 395 14

77

3

1

20

1

3

1

3

10

1

3

1

2

3

5

34 44 154

48 178

8

460

21 73

90

1 18

3

28

2

32

1 16

3

35

2

10

2

93

7 10

4 100

2

5

8

12

20 19

13

14

1

15

1

3

1

19

8

6

2

58

12

27

1

16

72

3

13

3

1

27

5

3

1

4

7 385

4

31

9

17 563

16

10

4 40

1 56

1

31

5

2 359

2

25 16

5 10

4

8

4 16

5 46 5

20

36

93

2

6

2

27

83

3

102

1

7

1

2

3

2

1

2

3

48

45 87

13

56 73

45 138

6

16

1

1

7

1

75

4

3

33

1

3

32

8

4 246

14

86

9

58 134 15 153

293

85 2.144

70 514 536

802 692 133 496

1

2

6

1

2 12

3

3

2

1

2

4

4 118

5

42

6

42

37

1

7

811 406 9,618 329 2,871 1,450 2,925 8 458 420 1,871

- llJ.O -

Clay 2
1 20

Coffee

DeKe.lb

Coweta

9

41

"154

32 107 1,350

4

16

22

III 245 282

2

3

Dougherty

Dodge

Floyd

59

15

74

51

7

67

4

7

6

166 134 249

Glynn

Liberty

Madison Mitchell McIntosh Troup

Jenkins

Lo'l'mdes Meriwether Husc.ogee Richmond

10

12

4

29

11 7 19 210

1 102 68

4

8

9

24

42

4 81

5

6 19

1

5

1

10

9

2

2

1

54

84 128

41

239

47 58 184 332 49 124 162

2

12

34

6

63

38

5

7

5

1

32

1 32

1

5 14

1

4

8

18

2

5

5

3

2

7

9

4 42 6

2

1

2

31

82 241 145 133 261 134

42 103

19

95

44 109 116 505

9 268 100

9

1 182

1

2

3

11

56 141

45 136 161 103

56 119

1

9

3

3

12

5

6

4

8

1

3

3

1

1

2

20

41

11

24

E

3

66

2 373 9
2

12

44 49 101 126

2

9

9

3

7 38 12

7

26

2 148 66

6

15

21

3

2 32

2

1

11

21

5

6

16

19

1

4

17

2

1

9

6

1

10

4

2

2

4

3

39 180 390

82

78

97

22

59

6

10

3

1

13

4 14

3

45 11

5

13

2 12

2

1

2

1

9

86 10 31 605

5 64 68

10

1

4

1

1

41

209 527 561 356 660 391 421 273

2

8

20

19

27

21

12

6

3

3

4

9

3

2

1

1

697 131 136

73

11

4

3

42

2

2

51 1,089 282

100 15

1

9

2 2'1' 12

1

3

36

23

36

19

24

8

11

1

1

2

5 131

66

3 100

17

10

56

1

11

5

2

6

1

37

12

17

6

6

21

16 17

9 16

7

28

1

117 13 15 1,025 37

42

2

4

4

5

1

1

8

1

1

1

2

4

16 184 725

97

60 309 154

13

13

18

48 20 44 533 11 22 115

8

5

6

5

2 38 6

5

2

4

1

2

1

3

3

3

1

6

1

4

1

2

11

7

189 411 836 328 100 464 250

56

29

43 178 72 106 823 20 27 246

1

8

11

2

2

4

1

2

1

1

10 16

18

5

8

9

2

12

5

10

1 1 11

9

1 28 9

2

7

13

27

19

19

2

49

35

1 28

39 18

1

10

5

20

5

12

5

6

15

42

9

8

16 7

15

3

5

1

1

10

31

3

21

5

3

7

13

3

13

1

3

6

3

1

2

5

8

79

58

16

33

60

26

16

4

10

11

1

1

7

11

3

9

5

3

2

7

12

1

1

8 9 32 48

17

9

1

55

1

7 12 14

6

9

21

23

23

9

12

10

1

7

23

36

15

5

12

6

4

1

4

40

55

40

64 288 366

13 114

2

30

7

355

5 7 10

3

15

6 24

3 20 7 13 36

3

59

38

117 58

1

2

11

2

4

1

1

1

1

10

1

1

18

28

45

95

31

33 103

88

59

60

12 12 62 12 40

9 29

1

1

3

3

5

4

5

2

2

6

12

1

1

1

1

1

1

2

21

8

11 135 516 45 273

72 173

12

91

511 905 1,771 898 590 818 580 316

1

1

'"

4

1

2

1

9

23

61

17

13

38

8

8

3

2

5

1

1

4

1

16

210

22 98 82 347 109 19 53

84 319 324 362 379 3,550 39 2,109 825

1

11

2

12

4

5

9

2 4 18 69

5

3 14

236 1,507 3,770 7,538 2,653 3,006 3,479 2,106 1,549 569 3,826 1,065 1,071 1,906 8830 418 5,550 2,385

- 14.1 -

TABLE 15*

PERIOD BETWEEN DOCKETING AND TRIAL OF CASES By Crimes
29 City Courts or Georgia January 1. 1926 - December 31, 1935

CRIMES Abandomnent Adultery and Fornication Assault A.ssault and Battery Attempted Beastiality or Sodomy

Total 100.0 100.0 100.0 100.0 100.0

Less Than 1
72.0 23.7 44.9 49.9 25.0

1-2 8.8 34.4 10.2 12.2 18.8

2-3
8.0 7.6 14.5 13.8 31.3

MONTHS
3-6 6-9 7-.4 1.7 29.8 2.0 20.3 5.8 18.1 3.3 12.5

9-12 .5
1.1
1.2

12-18
.7
.6
2.e
.4

18-24 .2
.3 1.4
.3 6.2

Barbering without Lioense Bastardy Breaking. Entering and Stealing Bribery, misdemeanor grade Carrying Deadly Weapons

100.0 28.1

7.0 22.8 40.4

100.0 63.9

7.4

8.9 14.1 3.5 1.4

.3

.3

100.0 71.0 12.4

5.6

9.7 1.0

100.0 46.2 15.4

7.7 23.0 7.7

100.0 53.9 10.3 14.4 17.2 2.1

.7

.2

.2

Carrying on Lottery Cheating and Swindling Cruelty to Children and Animals neracing Publio Property Disturbing Divine Worship

100.0 31.6 35.0 15.7 15.7 1.1

.3

.3

.1

100.0 56.6

8.6 10.6 17.6 3.3 1.3

.7

.4

100.0 52.6 10.1 10.7 22.3 2.9

.7

.7

100.0 54.5 27.3

6.1 12.1

100.0 50.6

6.1 15.6 20.5 3.8 2.0

.8

Esoaping Failure to pay Ocoupational Tax Firing Woods Gambling Hit and Run Driving

100.0 77.0

7.6

5.4 4.8 2.2

.6

.2 1.6

100.0 22.5 36.1

8.1 20.7 5.4

2.7 1.8

100.0 73.3

6.7

6.7 13.3

100.0 40.7 14.9 18.3 20.4 2.5 1.5

.5

.3

100.0 31.0 17.3 24.1 20.7 6.9

Illegal Arrests Larceny, simple Larceny After Trust Libel 1~intaining Lewd House

100.0 62.5

6.3 15.5

9.4 6.3

100.0 63.7

8.9 10.5 12.0 1.4

.6

.4

.1

100.0 67.0

8.0

8.0 13.3 1.7

.6

.4

.1

100.0 60.0 20.0

20.0

100.0 44.1 16.5 16.5 18.,2 3.5 1.2

llaliciouB Juschier Ii'\Yhem. misdemeanor grade Misdemeanor, blanket charge Misdemeanor, miscelleneous Obscene Language

100.0 59.0 10.6 12.5 14.1 1.6

.7

.7

100.0 75.0

6.2 18.8

100.0 54.3

5.4

6.0 26.1 2.1

.3

.3

.1

100.0 55.2 4.5 13.4 20.9 3.0

100.0 29.7 16.1 14.2 29.7 3.9 1.9

Obstructing Legal Process

100.0 45.6

9.1 27.3

9.0 9.0

Operating Auto while Drunk

100.0 38.3 17.4 18.1 20.5 3.4 1.5

.4

.1

Operating Slot lAaohine with Slugs

100.0 40.5 10.8 28.4 20.3

Peeping Tom

100.0 61.8

5.9 11.8 17.6

Practicing Proression without License 100.0 50.0 14.7

8.9 23.5 2.9

Public Drunkenness Public Indecency Receiving Stolen Goods Receiving Unstamped Tobaccos Removal or lcortgaged Property

100.0 38.1 14.4 22.2 19.9 2.7 1.0

100.0 60.3 12.6 10.9 14.4

.6

100.0 52.0 14.4 9.7 16.6 5.4 1.1

100.0 43.2 19.6 14.2 18.4 2.0 1.6

100.0 53.3

8.0 10.2 14.7 8.0 2.9

.6

.2

1.2

.4

.4

.7

Resisting an Orricer Rioting Selling ~ortgaged ~roperty Shooting at Occupied Dwelling Stabbing

100.0 43.7 15.6 25.0 12.5

100.0 30.2 12.1

7.8 35.3 7.8

6.8

100.0 50.0

9.7 12.9 14.5 6.5 3.2

1.6

100.0 46.2

7.6 20.5 15.4 5.1

2.6 2.6

100.0 67.4

9.5

9.3 10.9 1.4

.7

.4

.1

Trespass Using Auto without Owner's Consent Using Horse wi thom Owner's Consent Usury Vagrancy

100.0 56.5 11.6

8.5 18.7 2.7

.4

.4

.4

100.0 57.6 12.8 13.1 13.7 1.7

.3

100.0 75.0 12.4

6.3

6.3

100.0 33.3 25.0 25.0 16.7

100.0 71.5

4.6

4.1 18.2

.8

.1

.1

.1

Violation of Common School Laws Violation of County Health Rules Violation of Election Laws Violation of Game Laws Violation of Highway Regulations

100.0 84.6

7.7

7.7

100.0 44.5 33.3 22.2

100.0 50.0 12.5 12.5 25.0

100.0 48.0 11.5

9.5 22.3 3.2

.9 1.0

.1

100.0 36.1 16.7 13.9 30.6

2.7

Violation of Labor Laws Violation of Motor Carrier Laws Violation of Motor Vehicle Laws Violation of Prohibition Laws Violation of the Sabbath
Violation of Timber LaNS
Wife Beating

100.0 41.2 11.7 17.7 23.5

100.0 69.0 10.4

3.4 10.4

3.4

100.0 30.4 14.9 17.3 32.0 3.1 1.5

.3

100.0 37.3 15.0 19.1 21.4 4.0 1.6

.6

.4

100.0 36.6 29.3 17.1 12.2

2.4

100.0 66.7

33.3

100.0 61.3 12.0 10.5 9.5 1.8

.5

.2

.1

TOTAL

100.0 47.4 13.4 15.1 18.5 2.8 1.1

.5

.2

o Source: Minute dockets of 2\J city courts. 00 Not ascertainable.

- 142 -

Over 24

IT.A**.

.3

.4

.4

.1

.3

.5

6.2

1.7 .2 .3

.3

.7

.1

.1

.3

.6

.3

.3

.4

.2

2.7

.2

.7

1.3 1.1

.6

.3

.4

.4

5.4

3.0

3.9

.6

.2

.3

2.9

.1

.8

.4

.6

1.5

.7

3.2

1.6

.1

.2

.4

.4

.3

.5

.1

.4

.7 2.8

5.9

3.4

.3 ."

.3

.3

2.4

4.1

.4

.6

,

Abandonment Adultery and Fornication
Assault Assault and Battery
Attempted Beastiality or Sodomy Bastardy
Blackmail and Extortion Breaking, Entering, and Stealing
Carrying Deadly Weapone Carrying on Lottery
Cheating and SWindl1ng Cock Fighting
Crualty to Children and Animals DisEurbing Divine Worship
Defamation of Virtuous Female Escape
Failure to Pay Oocupational Tax Firing Woods
Gambling Hit and Run Driving
Interfering with Laborers Killing Farm Animals
Libel Larceny, simple
Larceny, attempted Larceny After Trust
Malpractice by Public Orricer ~a11clous Mischief
Maintaining Lewd House Maintaining Opium Joint
Mayhem, misdemeanor Misdemeanor, blanket charge
Misdemeanor, miscellaneous Obstructing Legal Process
Operating Auto while Drunk Operating Slot Machine with Slugs
Peddling without License Peeping Tom

ApPENDIX E

MISDEMEANOR AND FELONY CASES By Year in which Docketed
52 Superior Courts of Georgia January I, 1926 - December 31, 1935
MI~DEMEANORS

Number Peroent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number
Percent Number Percent
Number Percent Number Percent
Number
Percent
Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number
Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number
Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent

Total
1,250 100.0
516 100.0

1926
133 10.6
90 17.4

106 100.0 1,661 100.0
46 100.0
135 100.0

13 12.3
169 10.2
7 15.2
10 7.4

93 100.0
242 100.0
3,542 100.0
980 100.0

19 20.5
12 5.0
357 10.1
37 3.8

2, '/34 100.0
1 100.0

364 13.3
1 100.0

95 100.0
517 100.0

10
10.5 62
12.0

21
100.0 250
100.0

1 4.8
32 12.8

269 100.0
23
100.0

46 17.1

1,970 100.0
32 100.0

711 36.1
1 3.1

20 100.0
11 100.0

4 20.0
4 36.4

17
100.0 5,758 476 100.0 8.3

80 100.0
82 100.0

9 11.3
3 3.7

8
100.0 275
100.0

39 14.2

280
100.0 21
100.0

86 30.7

12 100.0 2,040 100.0
92 100.0
11 100.0

268 13.1
23 25.0

1,232 100.0
264 100.0
12 100.0
17 100.0

.105 8.5 77 29.2
;3
25.0 1
5.9

1927
155 12.4
79 15.4
10 9.4 218 13.1
2 4.3
11 8.1
35 37.6
7 2.9
365 10.3
19
1.~
281 10.3
12 12.6
56 10.8
2 9.5
31 12.4
40 14.9
5 21.7
145 7.4
5 15.6
2 10.0
4 36.3
3 17.6
546 9.5
11 13.8
12 14.6
1 12.5
35 12.7
25 8.9
6 50.0
215 10.5
13 14.1
135 11.0
33 12.5
1 8.3
1 5.9

1928
130 10.4
46 8.9
8 7.5 176 10.6
5 10.9
15 11.1
2 2.2
30 12.4
360 10.2
7 .7
313 11.4
6 6.3
64 12.4
2 9.5
14 5.6
61 22.7
4 17.4
131 6.6
1 3.1
3 15.0
1 9.1
535 9.3
5 6.2
9 11.0
27 9.8
7 2.5
1 8.3 157 7.7
8 8.7
3 27.3
108 8.8
17 6.4
4 33.4

1929 141 11.3
50 9.7
13 12.3
190 11.4
8 17.4
19 14.1
6 6.2
28 11.6
269 9.8
13 13.7
45 8.7
2 9.5
30 12.0
31 11.5
130 6.6
2 6.3
3 15.0
1 9.1
1 5.9 694 12.1
5 6.2
5 6.1
2 25.0
33 12.0
9 3.2
238 11.7
8 8.7
2 18.2
1<J7 8.7
15 5.7
2 11.8

1930
164 13.1
41 7.9
8 7.5 169 10.2
3 6.5
17 12.6
19 20.5
28 11.6
346 9.8
3 .3
329 12.0
13 13.7
40 7.7
4 19.0
13 5.2
19 7.1
3 13.0
105 5.3
3 9.4
3 17.6
571 9.9
12 15.0
3 3.7
5 62.5
19 6.9
2 .7
2 16.8
174 8.5
5 5.5
1 9.1
136 11.0
6 2.3

1931 120 9.7
40 7.7
5 4.7 153 9.2
5 10.9
10 7.4
3 3.2
30 12.4
355 10.0
1 .1
383 14.0
2 2.1
47 9.1
25 10.0
31 11.5
1 4.4
147 7.5
5 15.6
6 7.5
12 14.6
26 9.4
88 31.5
167 8.2
6 6.5
130 10.6
3 1.1
2 11.8

1932 III 8.9
46 8.9
9 8.5 124 7.5
3 6.5
16 11.9
5 5.4
28 11.6
294 8.3
8 .8
286 10.6
3 3.2
51 9.9
1 4.8
10 4.0
2 .7
5 21.7
334 17.0
5 29.4
618 10.7
5 6.2
10 12.2
14 5.2
18 6.4
1 4.8
1 8.3 136 6.7
11 11.9
1 9.1
88 7.1
1 .4
2 11.8

1933 89
7.1 51
9.9
10 9.5 139 8.4
6 13.1
20 14.8
1 1.1
27 11.0
393 11.1
172 17.6
173 6.3
7 7.4
43 8.3
9 42.9
15 6.0
4 1.5
1 4.4
123 6.2
2 6.3
1 5.0
595 10.3
7 8.7
15 18.3
11 4.0
12 4.3
140 6.9
8 8.7
4 36.3
115 9.3
23 8.7
3 17.6

1934 103 8.2
35 6.8
16 15.1
168 10.1
3 6.5
8 5.9
1 1.1
36 14.9
400 11.3
363 37.0
143 5.2
:?o 21.0
71 13.7
44 17.6
26 9.7
2 8.7
65 3.3
8 25.0.
5 25.0
1 9.1
2 11.8
541 9.4
9 11.3
12 14.6
29 10.5
23 8.2
3 H.:?
1 8.3 180 8.8
6 6.5
115 9.3
50 18.9
4 33.3

1935 104 8.3
38 7.4
14 13.2
155 9.3
4 8.7
9 6.7
2 2.2
16 6.6
318 9.0 358 36.6
1~3
7.1
36 14.4
9 3.3
2 8.7
79 4.0
5 15.6
2 10.0
11 13.8
1 1.2
42 15.3
10 3.6
17 81.0
1 8.3 365 17.9
4 4.4
193 15.7
39 14.8

- 14,-

,

_TAgLE 16 - ~,~i~je!'1eanor and Felony Cases (Gontle)

Performance F ~~''1,,:'e,)fficer I 5 uuty, illegally Pointing Pistol at tnother

Number Percent Number Percent

Practicing ;)rofesslon without License Public Drunkenness

Number Percent
Number
Percent

Public Indecency Receiving Stolen Goods

'Hums:;,:;,
Percout
Number
Per0('ni~

Receiving Unstamped Tobaccos Removal of ~ortgaged FropertJ

Number Percent
Number Percent

Resisting an Officer Rioting

Number Percent
Number Percent

Selling Mortgaged l'roperty Shooting at Occupied Dwelling

Number
Percent
Number Percent

Stabbing Trespass

Number
Percent Number Percent

ryslng Auto without Owner's Consent Using Obscene Language

Number Percent Number .Percent

Usury Vagrancy

Number Percer..t
Numbe" Percent

Viol!:itioll 0: Common School Law Violation of Election Laws

Number Percent Number
Percent

Violation of Professional Bondsmen's Act Viola tion of Game Law

Number Percent
Number Percent

Violation of H1ehway Regulations Violation r::f ~,-Totor Vehicle Law

Number Percent
Number Percent

Violation of :::-ec111~ity Lic;,n8e Law

Number Percent Number Percent

Violation of Timber Laws

Number Percent Number Percent

Wife Beating

Number Percent

Total Misdemeanors

Number

To tal __l_92_6_ _1927 __1_9_2_8__1_9_2_9_ _1_9_3_0__19:51

38 100.0
527
100.u

1 2.6
58 11.0

7 18.4
60 11.4

:5

4

5

1

7.9 10.6 13.2 2.6

44

51

53

54

8.3 9.7 10.1 10.2

34

1

1

2

3

19

2

100 .. 0

2.9

2.9

6.9

B.A 56.0

b.9

2,495

283

291

262

25~

244

IBO

lOf).O 11.3 11.7 10.5 10.1 9.8 7.2

1932 ._1933_.~~

4
10.5 53
10.1

661

15.8 15.8 2.6

57

53

44

10.8 10.1 8.3

2

3

1

5.9 8.8

2.9

156 210 276 340

6.3 8.4 11.1 13.6

35 100.0
568
100.0

1

2

12

6

2.9 5.7 34.3 17.1

55

84

72

46

9.7 14.8 12.7 8.1

1

8

2.9

22.8

36

64

67

6.3 11.2 11.8

204

1

70

44

58

17

5

2

7

100.0

.5 34.3 21.6 28.4

8~:3

2.5

1.0

3.4

153

21

14

9

32

19

13

16

11

6

12

100.0 13.7

9.2

5.9 20.9 J';:;.4

8.5 10,.fi 7.2

3.9

7.8

10
100.0 354
100.0

1
10.0 78
22.0

1
10.0 51
14.4

1 10.0
19
5.4

10.0 27
7.6

2
20.0 29
8.2

1 10.0
31
8.8

1 10.0
42 11.9

1 10.0
24
6.8

1 10.0
21
5.9

103

24

14

8

9

8

100.0 23.3 13.6 7.8 8.7 7.8

84

5

13

5

9

3

100.0 6.0 15.5 6.0 10.7 3.5

16 15.5
5 6.0

2 1.9
9 10.7

4
3.8 9
10.7

7 6.9
21 24.9

334

25

27

27

33

36

35

24

56

44

27

100.0 7.5 8.1 8.1 9.8 10.8 10.5 7.2 16.8 13.1 8.1

145

18

13

8

22

21

7

11

19

14

12

100.0 12.4 9.0 5.5 15.2 14.5 4.8 7.6 13.1 9.7 8.2

132

17

17

11

25

28

3

8

11

6

6

100.0 12.9 12.9 8.3 19.0 21.2 2.3 6.1 8.3 4.5 4.5

735

66

80

81

93

98

79

68

58

56

56

100.0 9.0 10.9 11.0 12.7 13.3 10.7 9.3 7.9 7.6 7.6

129

29

38

1

1

100.0

22.5 29.4

.8

.8

808 224 189 135

47

31

49

100.0 27.7 23.4 16.7 5.8 3.8 6.1

60

46.5

28

54

17

3.5 6.7 2.1

39

3

7

3

7

1

100.0 7.7 17.9 7.7 17.9 2.7

71

2

6

14

2:5

1

100.0 2.8 8.5

19.7 32.4 1.4

10

2 5 .. 6

2

16

2.8 22.5

15

1

2

3

3

3

2

1

100.0

6.7 13.3 20.0 20.0

20.0

13.3 6.7

476

31 110

50

59

57

31

49

24

26

39

100.0 6.5 23.1 10.5 12.4 12.0 6.5 10.3 5.0 5.5 8.2

35 100.0
759 100.0

9 25.7
96 12.6

8 22.8
127 16.7

9,06E 100.0

1,323 14.6

li~~~

83

11

10

100.0 13.3 12.0

42
100.0 11
100.0

3

6

7.1 14.3

5 14.2
65 8.6

1 2.9 109
14.4

964 10.6
10 12.0

1,060
11.7 12
14.5

4

7

9.5 16.7

1

9.1

2 5.7
83 10.9
914 10.1

3 8.6
80 10.5
836 9.2
16 19."1
2 4.8
2 18.2

3 8.6
43 5.7
734 8.1
16 19.3
6 14.3

1 2.9
41 5.4
733 8.1
4 4.8
5 45.4

1 2.9
59 7.8
707 7.8
2 2.4
8 19.0
1 9.1

179

25

18

100.0 14.D 10.1

17

20

20

9.5 11.2 11.2

15

20

8.4 11.2

26

6

14.5 3.3

42,379 5,555 4.896 4,162 4,480 4.062 3,954 3,533 3,616 4,054 4,087 100.0 13.1 11.6 9.8 10.6 9.6 9.3 8.3 8.5 9.5 9.7.

Assault with Intent to Murd~r Assault with Intent to R~pe
Assault with Intent to Rob Arson
Bigamy Breaking and Entering Vehicle

Number
Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent

FELONIES

5,593 100.0
403 100.0
283 100.0
281 100.0
125 100.0
526 100.0

476 8.5
41 10.2
24 8.5 20 7.1
19 15.2
34 6.5

591 10.6
33 8.2
21 7.4 23 8.2
10 8.0
28 5.3

499 8.9
56 13.6
16 5.7
29 10.3

547 9.8
69 14.6
28 9.9
36 12.8
9 7.2
24 4.6

653 9.9
62 12.9
30 10.6
41 14.6
14 11.2
32 6.1

497 8.9
:56 8.9
20 16.0
48 9.1

679 10.4
33 8.2
41 14.5
22 7.8
19 16.2
109 20.7

605 10.7
30 7.6
27 9.5
26 9.3
6 4.8
53 10.1

659 11.8
35 8.7
24 8.5
25 8.9
6 4.8
69 11.2

587 10.5
29 7.2
35 12.3
25 8.9

TABLE 16 - Misdemeanor and Felony Cases (Cont'd)

Bribery Burglary Destroying House with Explosives Embezzlement Embracery Felony, blanket charge
Forgery Incest
Involuntary Manslaughter Kidnapping
Larceny rrom Building Larceny from Person
Larceny of Automobile Larceny of Farm Animals
Larceny Larceny After Trust
Mayhem Manufacture Liquor
Miscellaneous Felony Murder
Obtaining Money under False Pretense Perjury
Personatine Another Poisoning Well
Possessing Counterfeit Type Possessing Burglary Tools
Rape Receiving Stolen Goods
Robbery Seduction
Shooting at Another Sodomy and Beastiality
Violation of Banking Regulations Voluntary Manslaughter
Wrecking Trains
Total Felonies
GRAND TOTAL
* Source: Dockets of the Superior Courts.

Number Percent Number Percent
Nwnber Peroent Nwnber Percent
Number
Percent
Number
Percent
Number Percent Number Percent
Number
Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number
Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number
Percent Number Percent
Number Percent Number
Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent Number Percent
Number Percent
Number Percent
Number Percent

Total
75 100.0 10,639 100.0

1926
4 5.3 668 6.3

1927
3 4.0 749 7.0

1928
879 8.3

1029
2 2.7 913 8.6

1930
58 77.3 1,254 11.8

1931
5 6.7 1,145 10.8

1932
1 1.3 1,393 13.1

1933
1,293 12.2

1934
1,194 11.2

1935
2 2.7 ,151 10.7

12 100.0
317 100.0
15 100.0
308 100.0

47 14.8
3 20.0
32 10.4

53 16.7

51 16.1
1 6.7
46 14.9

39 12.3
6 40.0
46 14.9

1 8.3
27 8.5
2 13.3
14 4.5

5 41.7
21 6.6
18 5.8

12 3.8
38 12.4

6 50.0
11 18 3.5 5.7

3
20.0 30
9.7

56 18.3

2,035 100.0
27 100.0
254 100.0
180 100.0

206 10.1
2 7.4
17 6.7
23 12.8

288 14.1
3 11.1
18 7.1
20 11.1

214 10.5
2 7.4
24 9.4
18 10.0

220 10.8
4 14.8
23 9.1
21 11.7

271 13.3
20 7.9
20 11.1

219 10.8
4 14.8
23 9.1
13 7.2

168 8.3
I;
22.0
20 7.9
4 2.2

180 8.8
2
?6
17 6.7
28 15.6

113 156

5.6 7.7

3

1

11.1 3.8

28 11.0
25 13.9

64 25.1
8 4.4

2,542 100.0
111 100.0
4,150 100.0
554 100.0

288 11.3
18 16.2
355 8.6
15 2.7

296 11.6
23 20.7
357 8.6
39 7.0

311 12.2
15 13.6
394 9.4
49 8.9

293 11.5
4 -3.6
315 7.6 67 12.1

215 8.6
8 7.2
522 12.6
56 10.1

207 8.1
14 12.6
519 12.5
92 16.6

244 9.6
11 9.9
428 10.3
78 14.1

220 8.7
8 7.2
468 11.3
43 7.8

201 267

7.9 10.5

4

6

3.6 5.4

41::' 381 9.9 9.2
40 75
7.2 13.5

41 100.0 1,283 100.0

1 2.4 256 20.0

?
17.1 156
12.2

8 19.5
175 13.6

;!

5

7.3 4.9 12.2

103 132

67

8.0 10.3 5.2

2 100.0 2,049 100.0

317 15.5

319 15.6

255 12.4

263 12.8

208 10.2

1
50.0 157 218 7.7 10.6

91 74 4.4 3.6

68

15

3

10

15

3

4

4

6

8

100.0 22.1 4.4 14.7 22.1 4.4 5.9

5.9 8.8 11.7

2,740 100.0

e24.94

286 10.4

211 274 304 7.7 10.0 11.1

239 8.7

241 299 330 312 8.8 10.9 12.0 11.5

88 100.0
268 100.0

24 27.3
30 11.2

7 8.0
38 14.2

9 10.2
13 4.9

7

9

8.0 10.1

22

11

8.2 4.0

5

7 11

5.7 8.0 12.5

15

41 23

5.5 15.3 8.5

10 100.0
13
100.0

4 40.0

1 10.0
1 7.7

1 10.6

3 30.0
2
15.4

2 15.4

1 10.0
1 7.7

3

2

23.0 15.4

4 100.0
82 100.0

4 100.0
1 1.2

8

15

5

9.8 18.3 6.1

8

13 22

9.8 15.1 26.7

497 100.0
27 100.0

46 9.4
3 11.1

41

85

45

8.4 17.5 9.2

2

2

5

7.4 7.4 18.6

62

49 47

12.7 10.1 9.7

7

1

1

25.9 3.7 3.7

3,626 100.0
277 100.0
711 100.0
131 100.0

147 4.0
32 11.6
44 6.2
15 11.5

241 6.6
29 10.5
60 8.4
19 14.5

220 6.0
30 10.8
63 8.9
21 16.0

305 8.5
17 6.1
84 11.8
12 9.2

359 9.9
30 10.8
80 11.3
18 13.7

486 13.4
22 7.9
84 11.8
14 10.7

378 10.4
24 8.7
65 9.2
10 7.6

554 15.4
29 10.5
72 10.1
15 11.5

526 14.5
41 14.8

410 ll.3
23 8.3

87 12.2
5 3.8

72 10.1
2
1.5

219 151

50

2

100.0 68.9 22.8

.9

32

2

7

3

100.0 6.3 21.9 9.3

4 1.8
4
12.5

3

1.5

3

6

4

9.3 18.8 12.5

16 100.0

3 18.7

5 31.3

2 '2.5

40,604 3,595 3,837 3,701 3,947 4,446 4,109 4,321 4,416 4,160 4,082 100.0 8.9 9.4 9.1 9.7 10.9 10.2 10.6 10.9 10.2 10.1

82,983 9,150 8,733 7,863 8,427 8,508 8,063 7,854 8,032 8,184 8,169 100.0 11.0 10.5 9.5 10.2 10.3 9.7 9.5 9.7 9.8 9.8

MISDEMEANORS
Abandorunent Adultery and Fornication Assault Aasault and Battery Attempted Beastiality or Sodomy
Bastardy Blackmail and Extortion Breaking, Entering and Stealing Carrying Deadly Weapons Carrying on Lottery
Cheating and Swindling Cock Fighting Cruelty to Children and Animals Disturbing Divine Worship Defamat.ion of V:J.rtuouB Female
Escape Failure to Pay Occupational Tax Firing Woods Gambling Hit and Run Driving
Interfering with Laborers Killing Farm Animals Libel Larceny, simple Larceny, attempted
Larceny After Trust Malpractice by Public Officer Malicious Mischief Maintaining Lewd House Maintaining Opium Joint
Mayhem, misdemeanor Miedemeanor, blanket charge Misdemeanor, miscellaneous Obstructing Legal Process Operating Auto while Drunk
0!"ers.t.ing Slot Machine with Slugs Peddling without License Peeping Tom Perform Peace Officer's Duty, illegally Pointing Pistol at Another
Practicing Profession without License Public Drunkenness Public Indeconcy Receiving Stolen Goods Receiving Unstamped Tobaccos
Removal of Mortgaged Property Resisting an Officer RioUng Selling Mortgaged Property Shooting At Occupied Dwelling
Stabbing Trespass Using Auto without Owner's Consent Using 0bBcene Language Usury
Vagrancy Violation of Conm0n School Law Viol8. tl:--: (,f f:ectlon Laws Vi01ati~n of Professional Bondsmen s Act Vlolatl-:m of Game Law
Violation of Highway Regulations Violation of Motor Vehicle Lawe Violation of Prohibition Law Violation of Security License Law Violation of the Sa~bath
Violation of Timber Law Wife Beating
TOTAL MISDEMEANORS

Total
1,388 566 189
1,889 48
151 95
247 3,779 1,005
2,922 74 97
542 21
296 347 23 2,089
35
21 11 17 6,439 80
88 8
294 283
21
13 2,471
101 12
1,828
272 12 21 39
573
38 3,307
37 627 214
159 14
369 116
84
389 164 147 766 129
1,006 39 71 15
513
36 1,175 11,021
83 44
11 194
49,175

Appling

Bacon

Banks

Berrien Brantley

Burke

Fulton

Atkinson

Baker

Ben Hill

Bibb

Bulloch Calboun

604 12 15

8

3 11 35 21

8

1 13

79 12

7 11

6 22 16

5

7 19

16

2

1

7

8

3

212 18 12 28 14

64 42 38 18 42

14

1

9

1

4

2

1

1

5 22

13

5

3

2 10

3

9

4

2

64

1

1

1

105

2

9

10

26

1,512 10 13 19 64 12 40 21 95 16 41

927

1

1

4

1 1 55

1,267 16 50 12 32 16 117 8" 33

9

5

5

2

2

4

3

5

17 22

6

9 12 13

9

7

10

1

1

4

8 16
7
5 22

28
1 1 26

49

1

17

985

7

23

6

12

1

12 17

15

9

6

55

72

1 170 14

4

6

3

9

2

2

11

7

1

1

4

4

430 113 60 67 133 44 235

37

6

3

2

2

4

1

4

3

'4 378 47 206 40 46

1 12

8

1

1

2

36

4

5

7

4 10 12

1

5

1

189

2

4

4

3

1

15

5

219 59

28

1

1

71

6

47 35

1

1

2

4

5

17

1

9

2 70 16 137 91

2

3

5 11

1

3

1

48 15 12

7 29

116

1

4

8

6

2

1

1

20

1

2

102

5

5

13

8 11 11 12

5 15

17

3

1

1

28

37

33 17

62

30 71

69

8 42 36

18

1

2

1

1

320

1

2

12

46

5

16

1

1

1

1

7 48

1

12

2 11
20
2 3

34

2

3

4

8 12 10

2

9

79 20 11

6

3

1

6

1

49

1

2

1

1

3

3

2

1

46

152 17

98

4

5

1

5

15

3

6 26 12

4

17

3

4 32

1 11 21

4

2

3 11

5 17

5

3

8 13

2

2

2

2 12

2

5

9 24 19 26 41

30

10 6

1

5

116

6

6 54

6

1

4

1

1

1

1

4

14

25

1

1

5

1

8 14

4 23

18 27

15

4

19

2

2

1

82

9

2

15

4 61 14 14

1

8

9

465 117 82 61 77 37 486 226 59 114 158 17 169

77

4

1

2

1

1

1

3

5

38

1

3

1

2 10

6

4

8,888 521 365 382 597 267 1,659 889 1,022 463 855

83 501:'

- 146 -

TA!3LF. 17*
CASES BROUGHT - BY COUNTY IN ImICH DOC~,TED By Crimes
87 Superior Courts in Georgia January 1, 1926 - December 31, 1938

Camden

Chatham

Clarke

Clinch

Coffee

Crisp

\'eKalb

Dougherty

Floyd

Glynn

Habersham Houston

Jenkins

Lowndes

McIntosh Mitchell

Peach

Richmond

Taylor

Tift

Upson

Wheeler

Carroll Chattooga

Clay

Cobb

Coweta

flawson

Dodge

Echols

Gilmer

Greene

Heard

Jeff Davis Liberty

Madison Meriwether Muscogee Randolph Taliaferro Telfair

Troup

Ware Wilkes

4

2 11 14 14

4

5 123

1

44

1

2

4

7

2 70

2

1

4 21 10

6 13

1

1

4

1

3

1

4 150 15 26

1

4

5 19

8

1 22

17

5

2

3

20

2

2

7 43

9

1

19 19 13

5

2

39 15

5

43

6

B 10

B

4

5

1

2

2 41

4

2

4

4

4

2

2

1

8 13

1

1

7

1

81

7

5

1

9

2 10

1

2

2

2

5

4

1

1

2

1

1

3

9 16

2 44

6 26 18 157 18

1

71 40 30 15 24

2

79

33

11

22

68

21

45

40

26

21

18

4 15

5 16 BO 26 73 27

5 23 57 26 14 45

2

56

14

1

1

1

4

3

2

8

1

1

1

17

2

1

12

1

3

2

2

4

1

2

1

4

6

1

2

1

B

3

4

3

1

1

1

3

12

1

1

1

2

4

1

8

6

1

1

2

1

1

1

3

1

4 11

1

3

15

1

6

2

3

2

4

1

3

9

2

1

5

5

6

5

13

4

35 24 47 40 131 15

4

98 39 11

6

82

5 135

23

15

25

63

46

77

24

16

11

24

4

9

18

43 176

93 175

17

27

45

37

41

10 92

3 32 45

1

13

1

1

1

11

2

16

24

1

1

12

3

17

9 31 10 56 118

4

9

107

6

24

6 33

1

70

13

B 29 94 14 49 29

6

3

7

1

2

6

17 101 102

20

4

4

36

31

48

26

49

2 12 18

73

1

2

12

1

1

1

1

1

3

1

6

7

2

11

1 .4

3

4

1

1

4

7

6

2

6

3 22 10

35 9

1

4

1

15 22

4

35

17

7

33

10

7

7

1

9

1 30

16 17 11

2

10

4

6 19

1

1

1

1

1

1 22

1

5

2

1 26

1

1

8

78

1

5

3

3

74

9

7

8 76

3

1

7

4

9

17

13

76

3

6

3

1

18

2

17

1

2

2

5

2

3

1

13

8

1

1

2

2

2

48

2 60

B

11

28

5 11

2

1

7

5

15

2

5

5

1 56

2

1

3

2

14 92 45 55

27 18 32 29

3

3

1

5

73 1

4

i

1

25

8

5 1

1

3

2

2

2

56

39

44

82

63

22

76 463

88

31

223 33

54

58 149

10 204

66

67

61 114

49 183 111

74

26 178

1

3

3

1

1

2

1

7

42

38

88 624 266

91

28

13

51 115

92

51 125

88 110 9:'5

6

2

2

1

4

1

9

1

1

21

2

2

2

1

5

4

3 15

1

6 9 20

8 22

4

3

86

2

1

1

2

1

37

5

29

9

3 14

5

2

1

1

1 11

1

3

1

4

1

4

4

1

3

2

5

1

12 27

3

5

3

1

3

4

1

4

10

1

1

1

3

4

3

2

1

1

1

10

16 200

1

8 12 341 45

17

29

3

4'7

37 191 138

6 30 18

2

1

2

2

1

71

1

n

1

1

3

1

1

5 13 81 22 67

3

1

4

2

B5

13

9 2 1

9 20 24

2

1

~
1

134 16
3 1

1

8 69

4

"

3

3

82

9

9

5 557

3

34 27 10

6

207

5

3 21 47 15 73

5

1

4

1

5

4 11 196 44 41

8 44

4 28

73

11 16

8

16

23

2

10

8

29

2

36

2

1

6

1

4

1

2

1

5

3

3

2

1

6

1

1

4

3

1

2

7

2

6

4 28

4

2

14 23

9

2

21

30

6

1

9 11 13

B

3

7

2

1 11 26

B 23

2

7 14 11

5 10

8

1

5

6

1

1

1

1

4

1

1

1

1

24 10

193

9

3

50 738

11

3

18 108 11 18 14

213 48

4

16 232

35

56

59

10

1

1

7 10

1

1

1

1

1

1

2

2

1

2

41

3 19

13

1

3

2

4

21

14

1 13

7

3

4

5

1

1

1

4

6

1

9

4

1

6

1

2

2

32 256 20 31

15 43 110 42

1

2 10

4

5 42

1

1

H9

4

9

1 3 204

4

2

1

144 82

1

2

2

3

1

6

9

2

4

3

7

5

15

3

12

1

61

19

2

1

1

2

3

2

7

6

4

2

5

2

5 32

4 10 24

7

1

5 16

5

1

2

1

5

2

2

2

4

8

3

14

5

5

2

1

2

1

1

1

1 1

8 10 27 1
6

1

6

7

4

6

4

12

3 14

4 46

1

15 3 12

1('

19

1

22

2

13

2

1

5 16

4

3

4

4 12 44

2

9

6 19

1

:'5

1

2

1

3

4 18

7

1

~

12

2

9

5

3

5

1

1

1

5

2

1

6

1

2

1

3

6

3

1

2

1

1 12

7

2

7

2

2

B

1

1

12

4

2

1

2

5

4

3

6

38

5

1 10 22

4

3

13 27 16

9

2

29

B

2

3

56

13

7 14

6

7

11

5

2

4 12

9

19

1

4 11

2

2

8

7

7

9

1

1

59 21

1

4 183

311 2

1

1

13

3

1

1

1

4

44

1 11

24 24

4

3 22

5 1C

22

1

2

1

1

B 30

1

4

1

3

8

. 22

3

5 24

1

7

17

8

IB

7

1

2 68 47

2

1

11

1

12

1

54

B

6

7

1

2

1

1

7

13

7

2

1

13

:'5

5

22

1

1

6

1

100 26

2

1

1

1

22 18

7

11 39:

2

5 269

67

53

54 1,Sf:8

41

3

1

1

1

1

14 31

2

13

2

479

8

38

4C

6

1

1

2

3

1

34

4

4

B 26

4

29

1

1

1

605 155

4B 2B7 298 148 301 116

35

22

42

3

1

6

3

1 23
2 100

1

2 100 40 52

30 132 1,250 .~66 357

2

6

22

7

29

24 156 177 358 261

1

1

1

1

6

26 3Bl

1

1

8 21

3 305 240

1

1

1

1

1

2

2

11 4

1

1

3=2=7==1=4=1==18=7=l=o:,=2=2=6==3=9=2==2=~=O==4=7=4=5",.=4='),,=E==~=7=7===ry :,"22 ~55 359 203 579

7

1

2

B

1

1

2

1

55 ~. HIS 576 207 700 1.31Q 441..1,OQO 587 349 163 410

1

1

1

1 23

7

3

2

3

1

5

2

9

1

3

49 382 127 41B 3,554 1,162 1,099 225 322 554 983 714 197 1,214 IB4 814 618

- 147 -

TABLE 17 - Cases Brought (Cont'd)

F~EL~O~N~I",E",-S
Arson Assault with Intent to Murder Assault with Intent to Rape Assault with Intent to Rob Bigamy
Breaking and Entering Vehio1e Bribery Burglary Deetroying House with Exp10sivee Embezzlement
Embracery Felony, blanket charge Forgery Inceet Involuntary Manslaughter
Kidnapping Larceny Larceny of Automobile Larceny from Building Larceny of Farm Animals
Larceny from Person Larceny After Truet Kanufacturing Liquor Mayhem, Felony Miscellaneous Felony
Murder Obtaining Money under False Pretense Perjury Personating Another Poisoning lIell
Possessing Burglary Tools Possessing Counterfeit Type Rape Receiving Stolen Goods Robbery
Seduction Shooting at Another Sodomy and Beastia1ity Voluntary Manslaughter. Violation of Banking RegUlations
wrecking Trains TOTAL FELONIES
GRAND TOTAL
*Source: Dockete of the Superior Courts.

Total
310 6,130
428 290 133
557 81
11,638 12 365
15 341 2,399 28 268
187 63
4,363 2,743
574
118 1,448
2,30~
73
2,901 94 286 10 18
82 5
511 29 3,816
308 749 137 34 219
17
44,093

Appling

Bacon

Fulton

Atkinson Baker

45

6

3

-,

1,837 38 20 37 52

152

2

5

1

201 34

1

2

202 4

6

66

1

3,896 27 33 53 4C

11

150

3

3

1

12

11 4

3

1

')89 12

5

1

1

14~ 10

1

2

6

80

1

3

7

3,238 4

742 13 10

93

2 14

2 20 45

5~

1

784

3

9

2

131 17 10 16 20

2

35

1

2

985 11 11 10 10

9

1

177 4 2

2

1

2

5~

172

3

1

1

8

2,467

3

2

17

74

8

3

II

1

320

1

3

3

78

5

1

32

1

4

17.321 17S 144 147 185

26.209 699 499 529 782

Banks

Berrien Brantley Burke

Camden

Chatham Clarke

Ben Hill Bibb

Bulloch Calhoun

Carroll

Chattooga

1

4

32 59

5

1

1

3

26 119

1

2

2 20
6
1 43
31 741 1 22

15
..25 138 13 3 20 21 135 167
71

1 60 26
11 1
50 53 2

11

1

38

86

1

7

3

1

2

2

2 89

3

7

1

1

77 1018 121 139

5

6

1

8

3

2

1

1

13

1

7

2

2 29 20 III

59 34 9

1

1

2 1~

2
73

9

6
91

2~

38

1

2

8 11

2

3

1

3

2

1

10

11 110

17

1
14.f
15

3
44 54 7

6
13 3

9
f
18 32

i
20 7

25

3 3

13

12 191

9
1

~g

4 12
36 3

4
86 42
1

1

8

1

2 22 16 58

18

25 32 22 17 17 48

1
94 19 14

4

3

51

1 10

17 47 10

1

8 27 13 159

1

12

1

2

S

1

1

1

5

1 46 70 26 21 23 179

2

10

7

2

3f

2

2

2

6 32
1 10

2

2

2

1

2

1

4

7

5 22

1

10 13 160

7

5

7

2

2 4

78

3 12 7

2

4

1

1

4

6

7 28

1

8 16 231

2 1 10

5

72

12
6

4

95
2 2 26

7

1

3 10

2

1

138 475 230 1,1;:95 115 629 495 221 139 281 2,555 352 541

405 2,134 1,119 2,917

730 466 422 2,7421,578 933

Clinch

Coffee

Criep

DeKalb

Dougherty Floyd

Glynn Habereham

Clay

Cobb

Coweta

Dawson

Dodge

Echo1e

Gilmer

Greene Heard

15 1

3~ 3

4 81 2

4 56
1

2
66
6

J
4

I)

4

47 123

2 15

37

57 138

8

2

11 8 168

6
28

10 80

2 17

12~

10

5 58

2
33
1

1

3

3

2

4

7

2

3

4

2

3

3

3 10

1

3

5

2

3

1

4

54

19

4

18

74

1

6

1

8 18 153 86 100 118 16 412 78 325

7 28~

41 114

1 58 104

1 }4

3

3

6

1

9

1 14

1

2

31

22

1

1

1 27

4

9 42 23

4 62

3 27 48 80

2

1

1

3

12

3

2

1

1

1

1

4

2
5

1 2
3

22 20 50

1 20

10 12 6 119

2 15

IJ62

1

1

11

10 111

20

5 11

3

10 54

1
5

3~

10

2
6 17

1 1 12

2
4 17

4

2 90 10 67 45

95

4 27

2

13 25 32 68 30 22

1

3

2

6

1

7 52 27

1

1

9

6

11

9

86

2 27

2 10

1

1

1

2

1

;{ 1

4

172 12 40

1

1 94 10 43 29 57

26

18

15

2

15

2

13 87 103

4 34

5~ 15~

6

1

..:

8 75

7 28 12 32

15

5

14

2f

1

9

6 3 22 14

5 12

8

30

2

1 12 12 21 109

2

7

8

2

6

5

5

8

4 15 12

2

1 20

1

14

3

4

56 4 60

5

2

5 21

2

3

1

2

12 4 6 6 6

1

3 73

7 29

24

3
2

12

1

6

21

9

21

2

1

1

1

2

2

1

1

65 165 627 322 }41 521 142 1,187 331 893 32 1,236 248 480 217 543 214

304 639 6,033 599 4C8 2,249 597 1,546 534 1,472 97 3,431 824 687 91 71,85' 661

_ 148-

Houston

Jsnklns Lowndss

McIntosh

Mltche11

Peach

Rlcbmond

Taylor

Tlft

Jefl Davle Llberty Uadlson

Merlwether Musooges Randolph Ta1laferro Te1falr

7 70 4

1 32
7

81 5

31 1

60 4

1

1 37

6 12

2

19

3

1

33 'l-31 4 1ll-

39

41 397 4 17

12

58 4

6

7

12 3

2

2

4

2

8

1

1

2

1

1

23

.99 20 65 19 219 16

1

1

12 3

1

30

12

1 24

3

9
2

72
i!.

-50 769 108

5 16

1

731 11 46 ll-7 44

39

4

1

3

Upeon Wheeler

Troup

Ware

Wl1kes

2

1

7

3 10

117 18

91 g

57 3

58

34 2

4

2

5

1

6

7

206 83 85

92

1

g

2

5

2
If. 13
2
-1
6 7 27 10
1
i 11
99

26

8

3

2

i2

11

6

2

1

15 7

2

3 135 722

1~

3 3

J

2

1

3

333

2

2

2

5 7

1
44

16 1

4

2 3 35

21 32

2

2

2

2 1
1

17 53 1~

2 8 210

1

2 8

1

5

8

3~

16

13 13

74 31

1

2

i

3

1

1

1

1

9

1

6

2

5

7

4

1

2

2

2
564

7

2

179 4

10 14 2~ 35

2

11

2 10 11 10 420

3

102 20 23 30 37 25 19

1 17

14

5

1

2

11

34

3 17

21

1

1

1

3

4~ 17

4 9 120

1

4

2

9 18

7

1

19 35 25 73 3Jl. 20 128 49 17 27 17 146 58 J.3

1

1

4

2

5

2

n 5 72

18 63

2

1

1

2

4 33 42

3

1

1

L4 122 26

3~

25 109

2

2

10

1

6 22 25 2 5

3 48 41 50 14 13

5

1

2

5

1

15

3 10

5

1

8

1 14

6

2

2

5

43 7

12 15 129 10

4

2 15

1

2

2 14

1

5

1
3

i

2

5

3

14

1

2

'5 16
1

1

1

1

1

140

1

1

3

2

9 12

1

6

3

2

5

4 13 16 13

2

8

1 2

2 11 2

1

4

2

5

10

~

6

1

38

31

34

2

2

1

1

1

170 581 104 141

205 286 218 736 427 356 151 302

333 991 153 523 391 622 5,7621,611 1,437 2,601 11-66 759 1,269 932 933 1,641

920

PERluD B~N DOCKETING AND TRIAL JF CASEP By Crimes
57 Superior Courts of Georgia January 1, 1926 - December 31, 1935

Less Tot&! Than 1

Aba.nclonmerrb
Adultery &nd Fornication Assault Assault &nd Battery Attempted Beastiality or SodOJlW

100.0 10000 100.0 100.0 100.0

32.2
37.4 48.5 30.5 21.9

Bastardy
B1aclanail and Extortion
Breaking, Entering BIld Stealing
Carrying Deadly Weapons CarrYing on Lottery

100.0 100.0 100.0
100.0 100.0

25.8 31.7 44.6 30.9 50.8

Cheating and Swindling Cock Fighting Cruelty to Children BIld Animals Disturbing Divine Worship Defamation of Virtuous Female

100.0 100.0 100.0 100.0 100.0

37.7 66.7 37.5 26.6 33.3

Escape Failure to pay Occupation&! Tax Firing Woods Gamh1ing Hit and Run Driving

100.0 100.0 100.0 100.0 100.0

36.0
41.7 33.3 28.5 60.0

Interfering with Laborers
Killing Farm Animals Libel Laroeny, simple L~oeny, attempted

100.0 33.3 100.0 100.0 33.3 100.0 29.2
100.0 51.1

Larceny After Trust Malpraotioe by Public Officer Malioious Mischief Mairrbaining Lewd House Maintaining Opium Joirrb

100.0 100.0 100.0 100.0 100.0

20.8
32.2 75.0 15.4

Mayhem, misdemeano:r Misdemeanor. b1an~ charge
Misdemeanor. miscellaneous Obstructing Legal Process Operating Auto while Drunk

100.0 33.3 100.0 27.1 100.0 41.6 100.0 100.0 32.2

Operating Slot Machine with Slugs Peddling without License Peeping Tom Perform Peace Officer's Duty. illegally Pointing Pistol at Another

100.0
100.0 100.0 100.0 100.0

31.4
26.6 42.8 29.6

Practicing Profession without License Public Drunkenness Pub1io Indecency Receiving Stolen Goods Receiving Unstamped Tobaccos

100.0 100.0 100.0
100.0 100.0

36.3
28.6 6.3
40.9 27.9

Removal of Mortgaged Property Resisting an Officer Rioting Selling Mortgaged Property Shooting at Occupied Dwelling

100.0 100.0 100.0 100.0 100.0

20.8
9.1 22 01 16.6 32.5

Stabbing Trespass Using Auto without Owner's Conserrb Using Obscene Language Vagran.cy

100.0 32.3
190.0 24.1 100.0 54.2 100.0 30.0
100.0 39.4

Violation of Common School Law

100.0 61.8

Violation of Election Law

100.0 57.0

Violation of Professional Bondslnen's Act 100.0

Violation of Game Law

100.0 24.8

Violation of Highway Regulations

100.0 66.6

1-2
13.5 9.8 5.2 8.7
15.6
8.1 14.6 16.9 14.9 22.3
18.3 19.0
2.5 5.6
8.9 3.3
11 08 20.0
7.7 2.0
1.9
7.2 4.4 23.0
5.3 16.6
7.3
3J .4
6.6 14.2 12.5
6.2 12.5 12.5
2.3
16.7
11.5 2.8
17.5
6.8 3.4 1.7 8.4 19.9
4.8 33.3
4.7 5.6

Months 2-3 3-6 6-9

12.8 22.4 8.9

13.8 26.3

5.1

6.2 27.8 7.2

7.1 39.2 6.7

34.4 21.9

8.1 22.0 10.7 12.2 11.3

38.7 14.6 25.0 31.8 12.6

11.3 7.3 1.4 4.9 1.4

9.9 23.1 5.0
14.3 45.0 7.5 5.6 42.3 6.0 66.7

10'.,"3 38.8

1.4

6.7 40.0 5.0

33.3

10.8 38.7 6.7

10.0 10.0

22.2 44.5 100.0 66.7
14.3 38.8 5.3 16.3 28.6

9.5 5tl.5 3.7

50.0 50.0

13.8 32.3

6.6

10.3 5.8 3.2

30.8 30.8

7.7 4.2 25.0 14.8

66.7
44.b 18.8 75.0 35.4

5.8 10.4
4.6

5.2 25.2 2.6

50.0 50.0

6.6 60.2

17.9 14.3 3.6

5.4 38.5

6.6

901 13.6 12.5 10.1 11.6

27.3 3701 31.2 26.6 39.6

6.5 6.3 6.3 11.7

6.3 35.4 8.2 18.2 54.5 15.6 36.1 4.0 8.2 52.8 5.6 "10.0 27.5 5.0

4.1 12.1 10.9
6.8 12.3

42.7 50.0 26.3 38.4 26.1

10.0 1.7 3.4 8.4 1.3

4.8 23.8 4.8

4.8 23.8 4.8

16.7 16.7 33.3

3.4 50.8

7.7

5.6 11.0 5.6

OVer 9-12 12-18 18-24 24

4.2 2.8

.9 2.3

4.4

.7 1.0 1.5

1.1

4.0

2.3 1.8

.7 3.0

3.1 3.1

4.8

9.8

.7

.7

1.7 1.5

.3

3.2

.4 1.7

.7

.6

2.5

.8

.4 2.3

5.0

2.5

1.S

4.9

L.1

6.0

1.9 1.9

.8

3.3

33.4

2.2

.3

.4

.6

1.6 1.4 2.0
1.9
7.2 1.3

.3 1.4
3.7 .7

2.3

?8

2.1

1.8 1.7

1.7

3.6 1.9 1.6

9.1

2.5 2.8

31.2

2.4

.6

2.3

6.3 4.2 3.1
.8 5.7 5.6 2.8
5.0

.9 2.7

3.4

.9

1.9 1.9

.2

.3

4.8 4.8

2.6 2.6

.5 4.0 6.3

.6 1.6

.8

1.7

3.6 1.6 2.3

9.1 9.1 .6 2.1

.3

.3

4.6

2.1 9.1 4.2 2.8 2.8 2.5

.5 5.3 2.6 1.5 2.7
.5

3.4 5.6

- 150 ..

Vio1ai:ion of U<oi:p.r Vehiole Law Vio1ai:ion of Prohibii:ion Law Violai:ion of Securii:y License L~ Vio1ai:ion of thA o;s.bbai:h
Vio1ai:ion of Timber L_ Wife Beai:ing
Total" Misdemeanors

TgI;a1
100.0 100.0 100.0 100.0
100.0 100.0
100.0

Lesll Than 1
30.3 27.7 8.3 18.8
25.0 31.4
30.9

1002
9.5 7.4 25.0 18.8
10.5
9.5

=the

2-3 3-6

11.5 12.5
6.2

37.3 38.3 16.7 43.8

75.0 16.3 34.9

11.9 35.6

Over 6-9 9-12 12-18 18-24 24

4.2 1.6

.8

6.9 2.9 1.9

33.3

6.2

.6 4.2 .6 1.8
16.7 6.2

2.2

1.2 1.2 2.3

5.7 2.2 1,7

.5 2.0

FELONIES

Assault with Intent i:o Murder Assault with Intent to Rape Assau1i: with Inteni: to Rob Arson Bigamy

100.0
100.0 100.0 100.0 100.0

Breaking and Entering Vehicle Bribery
Burglary
Destroying House with Explosives Embezzlement

100.0 100.0 100.0 100.0 100.0

Embracery Felony, blanket (;harge Forgery Incesi: Involuni;ary Manslaughter

100.0 100.0 100.0 100.0 100.0

Kidnapping Larceny from Building Larceny from Person Larceny from Automobile Larceny of Farm Animals

100.0 100.0 100.0 100.0 100.0

Larceny Larceny After Trusi: Mayhem
Manufacturing Liquor Miscellanbous Felony

100.C 100.0 100.0 100.0 100.0

Murder Obtaining Money under False Prei:ense Perjury Personating Anoi:her Poisoning Well

100.0 100.0 100.0 100.0 100.0

Possessing Counterfeii: Type Possessing Burglary Tools Rape Receiving Stolen Goods Robbery

100.0 100.0 100.0 100.0 100.0

Seduation Shooting at Another Sodomy and Beastiality Violai:ion of Banking Regulai:ions Voluntary Manslaughter

100.0 100.0 100.0 100.0 100.0

Wrecking Trains

100.0

Total Felonies

100.0

GRAND TOTAL

100.0

* Souroe. Dockets of the Superior Courts.

28.0 27.5 45.4 31.3 28.0
42.7 27.7 41.4
17.6
25.0 22.0 43.3 52,9 12.8
33.3 32.6 41.6 59.4 33.1
52.1 26.0
~7.4
4.1
\23.3
~1.3
27.8 12.5
50.0 22.2 33.4 16.7 42.1
17.5 38.2 32.1
18.2
62.5
37.9
34.6

13.3
17.1 20.3
7.6 12.0

15.3
15.0 14.6 11.8 13.3

10.7 16.7 12.9 60.0
9.9

16.7 13.9 16.6 20.0 19.8

50.0 .7
13.7
20.7

25.0 2.7 15.9 23.5 22.0

12,3
11.0 15.4 14.8
5.6

14.0 20.2 16.8 10.7 8.7

2.1 16.5
3.7 25.0

18.8 12.4 100.0 10.8
8.4

13.7
15.6 37.5 16.7

13.7 22.9 21.1

20.6 13.7
8.3 21.2
14.9 18.1 25.9
13.6
25.0
13.5
11.6

33.3 17.6 25.0 15.1
4.0 12.9 20.9 SO.O 22.7
15.1
13.6

31.4 33.6 14.6 27.8 30.7
27.1 19.4 24.7 20.0 32.0
64.5 21.1 17.7 26.8
35.1 30.6 20.0 10.2 39.3
22.8 23.6
34.2 54.3
38.9 41.6 25.6 37.5 so.O
25.0 20.6 27.5 41.7 18.2
39.2 19.4 18.5 50.0 22.7
12.5
25.6
30.4

5.5 2.9 2.6 9.0 8.0
.9 11.1
2.1
10.7
5.3 3.2
9.1
3.5 2.0 3.1 2.5 5.6
4.2 8.1
8.9 4.1
4.9 2.1 4.4 12.5 16.7
3.3 4.2
1.2
5.4 5.2 1.3
13.6
3.5
4.6

2.5 1.8

2.1

1.5

.5

9.7

.7

4.0 2.6

.9 1.0

8.3 2.9

.7

.5

3.1 2.3

.5 1.7 .7 1.1
.5 2.1 1.4

.2

.9

.8 3.8

.7 2.7

.4

,6

5,9

3.0 2.5

1.8

1.1

.9

1.3

.4

2.8 1.4

.7

.7

.5 1.3

Z.l

.4 1.2

3.1

.2

.5

3.5

6.1 4.1 1.4 1.8

6.3 4.4 1.8 2.5 4.1

2.4

.8 .5

1.8

4.~

2.1 1.1

16.6

25.0

.9

.6 1.8

.3

8.3

.9

.6

.7

5.4 6.8 2.7

4.1

2.4

1.3

.5

2.0

1.3

9.2

1.7

1.1

.4

1.2

1.9 1.4 .4

1.5

- 151 -

TABLE 19*
CASES NOT TRIED By Crimes
57 Superior Courts in Georgia January 1. 1926 - December 31. 1935
Misdemeanors

CRIMES

Total

Abandonment Adultery and Fornioation Assault Assault and Battery Attempted Beastiality or Sodomy

100.0 100.0 100.0 100..0 100.0

Bastardy Blackmail 'avd Extortion Breaking. Entering and Stealing Carrying Deadly Weapons Carrying on Lottery

100.0 100.0
100.0 100.0 100.0

Cheating and Swindling Cock Fighting Cruelty to Children and Animals Disturbing Divine Worship Defamation of Virtuous Female

100.0 100.0
100.0 100.0 100.0

Escape Failure to Pay Occupational Tax Firing Woods Gambling Hi.t and Run Dri7ing

100.0 100.0 100.0 100.0 100.0

Interfering with Laborers KillinI'; of Ferm Animals Libel
Larceny. smp1e Larce~, attempted

100.0 100.0 100.0
100.0 100.0

Larceny After Trust Malpractice by Public Officer Malicious lQschief MaiITtaining Lewd House Maintaining Opium Joint

100.0
100.0 100.0 100.0 100.0

Mayhem. misdemeanor Mi sdameanor. blanket charge Misdemeanor. miscellaneous Obstruoting Legal Process
Operating Auto while Drunk

100.0 100.0 100.0 100.0
100.0

Operating Slot Machine wi{h Slugs Peddling without License Peeping Tom Performance of Peace O~ficerts Duty. illegally Pointing Pistol At Another

100.0 100.0 100.0
100.0 100.0

~ractioing Profession without License Public Drunkenness Publio Indecency Receiving stolen Goods Reoeiving Unstronped Tobaocos

100.0 100.0 100.0 100.0 100.0

Removal of Morcgaged Property
Resisting an Officer
Rioting ~el1ing Mortgaged Property Shooting at Occupied Dwelling

100.0 100.0 100.0 100.0 100.0

Stabbing Trespass Using Auto without Ownerts Consem Using Obsoene Language Usury

100.0 100.0 100.0 100.0 1.00.0

Vagranoy Violation of Common School Law Violation of Election Law
Violation of Professional Bondsman Act Violation of Geme L_

100.0 100.0 100.0 100.0 100.0

Transferred to O,ther Courts DiSlllissed

35.1 23.4 8.7 26.3 18.7

1.8 3.7
4.1 12.5

28.1

7.9

1.9

34.3

4.1

11.1

3.0

90.2

1.7

11.5

1.6

51.0

28.0

1.8

29.1

3.6

53.3

6.7

6.1

7.3

26.2

3.1

10.0

5.0

17.0

1.5

16.0

16.7

14.3

7.1

12.4

3.8

22.6

9.7

2.8

8.6

7.8

5.6

31.5

14.3 22.2 13.2
17.4
1.2
21.8
70.4 18.6 23.8
3.4 1.2
9.0 33.3 15.0
7.5 31.7
29.6 10.4 34.5 39.5 96.8
15.9 5.6
34.0
11.1
- 152 -

14.3 4.1
7.3
.6
33.3 9.1 5.1
4.5 9.5 1.0
4.5
2.0 3.8 4.6
5.3 6.6 13.8 6.0
5.6
11.1 3.6

Nol Pros

Released On Demand Dead For Trial Docket Pending

12.8

.3

10.9 39.1

38.3

1.1

1.9 31.6

M.8

2.2

13.0 41.3

35.5

1.3

4.6 28.2

25.0

12.5 31.3

33.7
35.1 33.3 35.1 4.3

to.1 20.2

63.0

28.3

.1

2.f

48.2

.1

3.7

26.0
47.4 34.2 26.7

.2

6.8 53.9

35.8 13.2

7.0 15.8

.4

3.6 29.1

13.3

20.7

12.2 53.7

33.8

.6

3.5 32.8

55.0

5.0

25.0

34.5

.4

1.8 44.8

40.0

44.0

58.3 33.3 14.3 39.6 22.6

14.3 .7

41.7 50.0 50.0 8.8 34.7 45.1

40.0 83.3 54.2 29.1

14.3
2.1 1.6

34.3 16.7 30.3 37.8 100.0

42.8

28.8

.6

35.9

3.7

50.0

41.5

.2

28.6 4.1 40.2 1.9 45.3
50.0 4.5 29.1

40.5 70.0
33.4 9.1
40.8

.6

.0

56.5

30.0

33.3

27.3 54.5

.3

3.5 28.5

18.5

3.7

3.7

3.7

39.2

.5

5.2 32.0

9.5

14.3 42.9

36.7

.7

10.6 47.6

89.4

.6

8.8

47.8

1.8

37.7

.4

36.2

27.3

5.3 30.6 66.7 44.9
5.0 47.5 36.4

28.4

1.2

50.0

.9

27.6

30.4

.2

.8

3.0 32.5

4.7 27.4

24.1

1.2 22.7

.8

1.6

37.3

.3

4.0 36.9

33.3

61.1

58.0

8.0

66.7

22.2

50.2

.3

5.4 29.4

CRIMES
Violation of Highway Regulations Viole.tion of Motor Vehicle Law Violation of Prohibition Law Violation of Security License Law
Violation of tlw ~abbath Yiob.tIon of Timber Law Wife Beating
Total Misdemeanors

TABLE 19 - Cases Not Tried (Cont'd)

Total

Transferred to Other Ooux+s Dismissed

Nol Pros

Released On Demand Dead For Trial Docket Pending

100.0 100.0 100.0 100.0
100.0 100.0 100.0
100.0

33.3 14.6 18.8
2.8
28.6 57.1 30.5
21.0

5.6

33.3

5.6

22.,

11.2

36.4

.2

6.8

30.8

4.2

44.7

.5

5.7

26.1

25.4

7.0

64.8

60.7

42.9

.9

39.9

10.7

9

2.8

25.0

3.6

35.2

.5

5.1

34.6

Assault with Intent to Murder Assault ..lith Intent to Rape Assault vlith Intent to Rob Arson Bigamy
Breaking and Enterine; Vehicle Bribery Burglary Destroying House with Explosives bnbezzlement
bnbracery Felony, blanket charge Forgery Incest Invo1untlll'Y Manslaughter
Kidnapping Larceny from Building Larceny from Person Larceny of Automobile Larceny of Farm Animals
Larceny Larceny After Trust lie.yhem MOllufe.cturing Liquor Miscellaneous Felony
!.!urder Obtaining l'Ioney under Fal se Pretense FerjuX"'J Personating Another Foisoning WeI:
Possessing Counterfeit Type Possess ing Burg1ery Tools
Rape
ReceIving Stolen Goods RobbeX"',{
Seduction Shooting at Ar.other Sodoray and Beastiality Violation of Banking Regulations Voluntary I:anslaughter
Wrecking Trains
Total }'eloni8s
GP..AND T("l?l t
.' .. ~,,:~(" e: Dockets of the Superior Courts.

Felonies

100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.v 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0 100.0 100.0 100.0 100.0
100.0
100.0
100.0

1.7 2.8 4.1
.6
1.0 2.2 4.6
1.3
10.5 1.1
6.8
15.4 17.0
3.1 1.4
5.0 33.3
2.5 8.2
2.1
3.6
5.3 4.0 5.8 1.0
1.3 2.6 1.8 64.7 8.3
4.5
14.5

1.5 4.7 2.0 3.0 5.2
1.4
2.7
2.6
.5 1.8 18.2 3.8
3.1 4.4 1.9 1.7 6.0
20.0 2.3
3.9 4.1 5.2
2.6
5.3 2.8
1.3
4.7 1.7
7.4
2.7
3.2

32.7 41.8 28.6 48.2 31.0
15.7 40.0 31.0
26.5
34.5 40.3 31.4 36.4 34.6
30.0 26.6 37.7 22.6 27.5
20.0 30.8 33.3 43.2 36.7
19.0 28.2 25.0
75.0

1.1 1.4
4.2
1.9
.5
.9
1.6 .5
~.O
1.9
1.5 .4
1.9 .4 .5
13.3 .6
1.0
.1
3.0

21.0

3.3

42.E

47.1

26.6

.6

39.7

45.7

.7

41.1

16.7

25.0

33.3

30.5

.7

33.3

.6

12.6 8.8
16.3 7.8
12.1
13.8
16.1
17.1
6.8 10.7
1.0
14.6 8.9 3.8 7.6
16.9
20.0 6.9
8.3 8.2
7.6 19.6
4.6
7.4
8.5
11.1 6.2
10.7
8.3
10.7
7.3

50.4 40.5 49.0 36.2 51.7
66.2 57.6 45.1 100.0 51.6
45.5 40.3 54.5 36.4 51.9
50.8 44.3 37.7 64.6 47.7
26.7 54.4 33.4 41.1 42.8
66.0 52.2 61.2 100.0 25.0
100.0 63.1 43.2 47.1 62.0
43.2 42.9 46.4 11.2 58.4
66.7
50.9
41.1

- 153 ..

EXHIBIT 5

. -CIRCUITS OF THE SUPERIOR COURT IN WHICH JUDGES RECEIYE COMPENSATION FROM THE COUNTIES IN ADDITION TO THAi PAID BY THE STATE OF GEORGIA.

il
CIRCUIT

COUNTY

AMOUNT PAID BY COUNTY

AUTHORIZATION

Atlanta Augusta Chattahoochee Western
Macon Rome Stone Mountain Eastern Southwestern

Fulton Richmond
Muscogee Clarke Bibb Floyd Fulton Chatham
Sumter

4,000 2,000 3,000
1,000 1,000 1,000 1,000 5,000 1,000

* Circuits as listed in Sec. 24-2501 Ga. Code 1933.

p. 316, Acts of 1935 p. 24, Acts of 1922 p. 70, Acts of 1925 p. 20, Acts of 1920 p. 20, Acts of 1920 p. 20, Acts of 1920 p. 20, Acts of 1920 p. 111, Acts of 1927 p. 20, Acts of 1920

TABLE l7a

DETAIL OF CLASSIFICATION MISCELLANEOUS MISDEMEANORS Included in Table 17, Pages 146 - 147

CRIME

NUMBER OF CASES

Abortion

9

Accessory After the Fact

25

Barratry

2

Chaining White end Negro Convicts together

1

Conceal3.ng Death of Bastard Child

9

Failure to Report Election Expenses

2

Failure to Keep Life Savers at Resort

5

False Imprisonment

11

Filing False Tax Returns

1

Forcible Entry

2

Illegal Disposal of Animal Carcass

1

Illegal Purchase of Cotton Seed

9

Making False Affidavit by Contractor

2

Making False Survey

3

Making Obscene Drawings

3

Operating Billiard Room wi thout License

3

PUblishing Name of Assaulted Female

1

Selling Obscene Pictures

3

Violation of Health Regulations

4

Violation of Bulk Sales Act

1

Violation of Motor Common Carrier Act

2

Violation of Regulations Regarding Measures

2

TOT~L

101

TABLE 17b

DETAIL OF CLASSIFICATION MISCELLANEOUS FELONIES Included in Table 17, Pages 146 - 147

CRIME

NUMBER OF CASES

Accessory Before the Fact

36

Compounding Felony

10

Sending or Delivering Threatening Letters

23

Destroying Railroad Bridge

2

Harboring Convicts

1

Illegal Traffic in Human Bodies

1

TOTAL

73

- 154 -

ApPENDIX F
EXHIBIT 6 TYPICAL RECIDIVIST CASES

Caae
B C D
E F G
H I J
K L JI B
o
P.

Date of Charge
2-1-20 11-9-20 3-8-24 7-26-28
11-4-26 10-4-35
4-11-17 5-31-17 3-9-20 1-14-29
3-5-14 8-10-14 12-3-18 12-12-22 4-24-23 6-10-29 11-7-29
10-9-28 1-13-32 A-27-34
11-14-25 4-21- 28 7-28-:51 1-25-32
7-1-01 2-1-04 2-1-04 11-5-07 2-13-12 11-2-14 6-10-16 6-2-17 8-4-17 9.-3-17 3-4-18 12-15-18 3-10-19 3-10-19 9-6-19 4-6-21 6-2-22 4-25-23 12-10-2$ 12-10-" 4-1-26
6-14-20 1-16-32
9-17-20 11-16-30
3-15-07 9-18-12 12-2-16 9-10-18 12-1-22 10-24-211 8-5-25 6-20-1I0
9-23-29 3-12-llO 12-8-33 9-1-34 12-2-35 12-2-35
3-16-20 6-14-llO
5-6-21 8-10-28 9-9-34 ll-1So-1I4
12-9-25 1-13-34
2-27-2:5 1-2-33
4-1-20 1-25-27 1-25-27 6-11-28 5-9-:53

Sentenced fC1r'
Carrying Concealed Weapons Assault and Battery Shooting at Another Murder
Stabbing Assault with Intent to Murder
S1mple Larceny Burglary RObberr Receiv ng Stolen Goods
Carrying Concealed Weapons Assault with Intent to Murder Gambling Assault and Battery Profane Language Carrying Concealed Weapons Assault with Intent to Murder
Shooting at Another Assault with Intent to Murder Vagrancy
Possessing Liquor Possessing Liquor Selling Liquor Murder
Larceny Assault with Intent to Murder Larceny frOlll the House S1mPle Laroeny Larceny of Hog Robberr Violation Prohibition Law Violation Prohibition Law GaJlbling Gambling Gambling Violation Prohibition Law Vagrano,Trespassing Gambling Gambling Violation Prohibition Law Violation Prohibition Law Violation Prohibition Law Adulterr (8 cases) Escape
Assault with Intent to Murder Violation Prohibition Law
Assault with Intent to Murder Murder
GUlbl1ng Violation Prohibition Law Gambling Violation Prohibition Law S1mPle Larceny Violation Prohibition Law Violation Prohibition Law Larceny
Violation Prohibition Law Rape Violation Prohibtiion Law Assault and Battery Pointing Pistol at Another Violation Prohibition Law
Murder Gambling
S1mP1e Larcen,Violation Prohibition Law Larceny Assault with Intent to Murder
S1mPle Larceny Rape
Assault with Intent to Murder Larceny
S1mPle Larceny Operating Automobile Intoxicated Violation Prohibition Law Violation Prohibition Law Assault with Intent to Murder

Sentences
$50.00 fine or 3 months on chain gang 12 months on chain gang Case dismissed Electrocution
12 months on chain gang 3 years on chain gang
$25.00 fine or 3 months on chain gang 2 years in State Penitentiary 7 years in State Penitentiary 12 months on chain gang
6 months on chain gang and $75.00 fine $150.00 fine or 6 months on ehain gang 6 months on chain gang 6 months on chain gang 3 months on chain gang 12 months on ehain gang 2 to 4 years in State Penitentiary
1 to 4 years in State Penitentiary 2 years State Penitentiary Case nol prossed
12 months on chain gang 12 months on chain gang 8 months on chain gang Life imprisonment
$150.00 fine or 12 months on chain gang 12 months on chain gang 10 months on ehain gang $100.00 fine or 12 months on chain gang 2 years in State Penitentiary Acquitted $25.00 fine or 3 months on chain gang Acquitted $25.00 fine or 6 months on chain gang Nol prossed 6 months on chain gang Nol prossed No1 prossed Nol prossed $40.00 fine or 2 months on chain gang $35.00 fine or 4-months on chain gang Nol prossed $125.00 fine or 12 months on chain gang 12 months on chain gang ~nd 6 months in jail 12 months on chain gang for each case 12 months on chain gang
5 years in State Penitentiary 8 months on chain gang
$150.00 fine or 6 months on chain gang Life 1mprisonment
$35.00 fine or 6 months on chain gang 12 months on chain gang $35.00 fine or 6 months on chain gang 12 months on chain gang
50.00 fine or 5 months on chain gang
135.00 fine or 3 months on chain gang 200.00 fine or 12 months on chain gang 65.00 fine or 6 months on chain gang
$65.00 fine or 4 months on chain gang 2 years in State Penitentiary $150.00 fine or 12 months on chain gang Case nol prossed . $75.00 fine and 4 months on chain gang 12 months on chain gang
10 years in State Penitentiary $25.00 fine or 6 months on chain gang
, 40.00 fine or 4 months on chain gang 200.00 fine or 12 months chain gang 40.00 fine or 6 months on chain gang
2 years in State Penitentiary
$25.00 fine or 6 months on chain gang 10 years in 6tate Penitentiary
2 years in State Penitentiary 4 months on chain gang
!60.00 fine or 4 months on chain gang 100.00 fine or 4 months on chain gang 200.00 fine or 8 months on chain gang 12 months on chain gang $100.00 fine and 12 months on chain gang

* Source: Minute dockots. Superior and City Co\U'ts.

- 155 -

GRAND TOTAL
Fine or Detention $10 or 15 day. $10 or 1 month $10 or 2 months $10 or 3 months $10 or lj. months
10 or 5 months 10 or 6 months 10 or 8 Jlonths
110 or 9 months 10 or 10 months $10 or 12 months $10 or 18 months $25 or 15 days $25 or 1 months $25 or 2 months
25 or 3 JlGIlths 25 or lj. months
125 or 5 months 25 or 6 months 25 or 7 months $25 or 8 months
25 or 9 months
125 or 10 months 25 or 12 months 25 or 18 months $50 or 1 month .50 or 2 months $50 or 3 months $50 or 4 months $50 or 5 months $50 or 6 months
50 or 7 months 50 or 8 months
150 or 9 months 50 or 10 months $50 or 11 months $50 or 12 months $50 or 18 months $75 or 1 month $75 Ol' 2 months $75 or 3 months $75 or 4 months $75 or 5 months $75 or 6 months $75 or 7 months $75 or 8 months $75 or 9 months $75 or 10 months $75 or 12 months $75 or 18 months $100 or 1 month $100 or 2 months
1100 or 3 months 100 or 4 months 100 or 5 months noo or 6 months $100 or 7 months $100 or 8 months $100 or 9 months $100 or 10 months $100 or 11 months $.100 or 12 months $100 or 18 months $200 or 1 month $200 or 2 months
1200 or 3 months 200 or 4 months 200 or 5 months 200 or 6 months 200 or 7 months
1200 or 8 months 200 or 9 months 200 or 10 months $200 or 11 months $200 or 12 months $200 or 18 month.

-------------- -- -----

Adultery &

Break, Enter Carry Dead- Carry1ng on Cheat and

TOTAL

Aban"'d"'o~n.m..e"'n'-'t'_;;__-~F'-'o"'r"'n'*1.1>ca"-t...1"o~n'---'B"'a';!sC"t"ar",d"iY~B",u",1""ld,,;1~ng~___ ly Weapone Lottery

_8w~l)~1_e_~

_ _~C,=,1.t. ~y~er1or

C8

C8 C

M,018 21,8141,703 383~252 586

4~5

C8

CS

C

S . (;

8

329 1274,6771,8631,959 2871,9S1-1,050

==~

===~~=============~========~

450

1

3

1,279" 185

~

73 1

~f~

321 56

1

8

1

2

1

18

18

1

3

2

1

2

8 1

~

1

6

9

8

9

2

3

3

2

26f

37

16

6

1 4 1
1

11

3

1

2

1

6

1

96

10

6

2

6

43
1

1

1

120 4,642 1,381
9,983 1,166
86 1,815
18

86

1

124

1

556

4

1

30

3

651

1

2 256

7

188

1

11

2

1

6~~

2

1

42

1

3

1

1

8

225

2

2

1

56 14 12

6

2304

2 4

18 1

g 290 31

5

11

1

1~ 14ft

28 2

1

149 30

1 19 41 20

1

1

91

12

1

2

11

1

56
J~

2~ 1

233

2 12

3

1

1

2

3

2

12 33 10

30

1

2

? 3

11

2

938 1,086

24

1,9

1

2~~ 2

2,967 1,61+0

2

70 12

4,563

891

34 12

417

244

1

1

3

1

79

2

1

25

1

1
g

93

2

1

159 83 22

230 72 839

1 21

2

5 60 28

81 17

33 20

1

17

1

4,817 1,944

2 39 15

2

3 14

41

29

1

165

121

1

104

34

1

1

64

21

608 205 36 31 75

1

1

18 22

3

2

6

3

3

1

10

3

1

11

558

527

1

12

65

7

14

1

3 18 83 52

1 11 13

9

3

8

73 75 201
373 32
1,3~ 346

1 27

62

22

456

1

32

75

1

6

4

1

3

1

6

3

2

2

6

1

19 3 26

1

g 18 6

148 62 78

1

9

1

88

9

2

13

5

9

1

21 16

5

1

154

1+0

1

1

76

39

10

299

305

1

2

1

1

3

3

7

1

1

20

7

2

1

6

7

6 42 22

1

3 5
10 11

114

2

138

468

24

242 75

~

6

1

2

1

11

19

15

11

3

48

42

1 12

1

23

1

1

4

2

1

2

1,006 8
553
Ib~

221

2

~g

18

33

7

6

1

2

1

1

5~

26 3

21

8~

2 6

5 1

6 37 10
12 1

2

10

2

5

1

42

705

523

6

2

5

2

3

11

27

1

2 1 12 101 23 14
1

3 14 15

12

12

1

1

1

1

fg

4

2

1

1

1

1

2

1

4

1
3

15

2

2

303

63

1

I n1 1

3

32

1

8

26

160

8

2 1
1

11

4

5

6

6

11

5

1

1+

2

1

1+

3

21

359

7

4

7

4

6

1

1

6 12

3

1

3 16

1

1

1

2

- 156 -

TABLE 20 SENTENCES FOR MISDEMEANOR CASES
By Crimes 57 Superior and 29 City Courts of Georgia
January 1, 1926 - December 31, 1935

Diet. Div.

Larceny

Larceny

Public

Maintaining Ma1ioioue Miedmre. Opere Auto Public

Rec. stolen Ree. Unstamp

Uee Auto w/o Use Obee.

Vio. Game Vio. Motor Vio. Proh. Wife

-'W"'0:;.rc"'Sh",i"'P'--;,s_-"E~8c",a",p",i"';ng~_----,G~am"""b~1=-"ln-"igr--"( S,-,i~mi"P",le"-.J),--..--"A,..f*te~r~T~ru~s'!..'t,--~In~d!"e,-"e.l<en!!.!e~y'----.!L!<Je:-'!wd~H~o~u~s~e~M~i~so'<!h~i~e{,f--lc(

CS CS C

SC

S

CS

CS

CS

M~i~s,-"e'.!..1-,) .---"I",:,lh",i:>:;le;'-J:p,=:r'OunkT""D,=:l~ul~lk~e",n:C'.ne"'.'e'cis'---_WGo~O~d,!!.S--,,-_~T\"o",b'!'ae"jcf'0'!!s

CS

C

S

C

8

CS

CS

_ _ ~s~t'!'ab'<!b~i~nglL-"!T!:,rsc~s.u.ap.~ss."-.!,o~wnerce CS

cors,s, Lac.n.g",u..a.~g'ffes_-!.v~agc~r",a~n~eYl,s.--~-,;La:"-,,w,,-s --..~--'V"'e".:h!-.

-

eSC

~L..a.,!Sw..--_--,Lae ~W_--S "_-"B,,c ,e;a t~i.n. g'!Ls"

251 216 455 197 3,316 57915,749 3,428 557 43 160 14 135 150 446 125 761 7525,6931,163-,;5261,995 209 273 639 391,450 172 165 46 291 100 112 2063,S50 733 684 1982,831 661 30,795 6,344 694 7'

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,~O~~,~~,

~~~~,~=~==~

4

2

3

19

62

1

61

3 96

1

5

5

5 12

1

2

34 20

46 4

31 7

1 1

1

3

12

112

63

6
2 2

39

2 21

1 116

1

1

5

1

1

26 4

5

3 11

2 126 140

59

2

4

4 3

2

3

1

1

1 43 15

6

2

1

1

1+

18

39

1

1 340

2 31

7 296

1

44
6 78 2 33

1 2

2 55
4 3 2 3
7

;~ 6
9 25 22 83 17 19

1

1

1

6

3 32 11

1

1

21

1 13

1 67

5

6

1

1

12

2

3 1+1

2

43

6

2

S

1

1

4

1

1

2

1

2

2

1

14

1

4

9

10

3

1

1

1

5 4

26

13

2

1

1

1
4 1 1

5 211

24 51 2

3 19

290

5 151 16

5

3
2

44 13

9

_ 1,044 39 706 57 34

4

7

1

1

39 10 155 19

'3

2

1

5

25

38 15 3

135 20 226 112 4

3

7

1

9 15

2

23

1

21

1

20 17

4 67

2

1

1

33

15 13

15

9

7

2

3
2

14 2 38

Ip 1 96
6

1 6

5 9

S
1

516 102
4 2

64 24

~64

22 69

60
61 12

15 17
3

1 1

8 2
3

23 33

6

2 164 216 559 216 24

2

2

1

1

3

1

1

1

1

1

1
7

1
16
~

10
~6 8

14 5 3

2

7 10

3

2 10

3

1

165 90

2

2

1

6

1

2

1

2

2

8

1

1

2

1 23

2

1

2

1 1

2

7

2 44
11

7
2

2

2

4

1

26 9 272 60 11

2

2

8

1

1

1 75 16

7

1

1

2

2

3

2

1 45

2

1

1 35 12

2 19 55 54

5

2

1

4

1

5

12

5

2

12

2 1

l~

3
2

1

15

2

4

1

1

1

5

7 146 33

4

1

2

2 1

5~

113
2

3
1

1

~8

9

1

5

8

1

15

15

6 233

547

6

7

1

7

3 79

1 136 11

11

78 10 39

23

12

6

6

61

6

14

29

1

3

2 1~

19 27

1

1 64

1

5

4

44
3

26 761

7 47

1

1

11 1,069
7 110 5

~g
2

11
2 1

3

5 10 28 19 293 14 305 53 5 1

1

10 67 13
2
2 2 51

3 16 4 31

2

2

1

7

13

1

6

1

4

16 11+6897

29 9

2

7 35 190

1

15

1~

265 !l9

1~

1,5~l
249

12
18

6 5

1

59 3

61625

63 3,949 153

8

368 52

20 13

52
?

3

16 37 26
2

4 37 105

6

2

1

5

1

S

1

1

12

2

1
1 25

5 44 20 4~ 17

1

7

1

1

1

8

18

15

1

1

1

1

1

2

1

10

1

2

1

2

51

2

1

3 '3

2

1

1

3

1+ 11

2

2

1+ 3

3 14

118 65
6

7

1 1 1
3

3 2 16
11

10

2 104

1 39

4

1

1 2

4 101 4 83 1+0

6

74 589 40 207 472

2
1+

6 8 39 282 171 168 135 16

9 17 15 74 19

8

1

8

15

56

43

3
2

36 55

4

~

4 10

35

1

~

59
1

12 12
1

1
3

1

6

29


2

1 9
12

27 1~

22
62 18

11 22
8

3 23 6

1 28

2

214

9

3

J2 32 9 331

6 6

l1l1g7

191 16

905
1,499

2&

2

140 6i!

2 11
2~

3

15 12 65 53 311 136 185 149 rg

1

1

1

8

2

1

9

21

3

127 4

14:

7

1

2

3 28

3

5

9

1

4

6

1 13

2

4 4

1

1

1

8

1

16
1 1

7
2

3

26

71+ 8

53

1

2

6

1+
1

14 94
3

35

1,986 649
6~ 10
20

33

7

1

34 6

2

1

1

1

11 52

30 51+

7

2

1

1+

13 14

1

6 1

1
4 2 1+ 1+
2

7

7
1

137 241
7 31

3

1

1

5

1

1

i~

1

3 27

2

2

11

5

1
2 1

5 15
~

46
6~
5

16 14

6

1

g90 42 4

3 30 5

4

4

3

6

1

1

4

8

s 11

3

5

2

1

2

12

1

8

1

4

38 9 2

21 3

5

1

9

5

1

1

1

17

1

1

1 9

1

3

2

~~

1
3

2

1

1

1

1

5

1

210 20

1

1

1

1

1

43

1+

1

2

2

3

3

2

25 13

616 132 6

3

36 9

1

1

2

1

126 26

1 2

1

1

2

11

60 23

1

21 8

1

1

2

4 119 14

1

2

1

2

1

2 41

1

2

2

2

1

1

35

2

8

3

1

1

1

1 1

1

1 53

1 33

3

1

23

2

'3

3
1

15 21

3 It

2

2

2

1

1

1 8

2

12~g 10

85

2

1

45 4

2

4

3 15

4 75 14 17

3

7

g

1

1

1

7

2

7

5

1

3

1

1

1

2

1

2

1

1

25 2

1

1

11

2

6

2

7

2

1

1

2

1

1+

2 33

9

514 77

5

1

1

2

2
356 51

I g3

1

57 15

2

1

4

2

2

25

1

19 139 73

2

1

2

1

2

2

1

1

7

1

1

1

1

1

2

7

3 11 16 22 25

1

3

1

6

9

1

3~

1

12
1 1
1

7

1

1

9

1

1

1

1

1

2

1

5

3

1

1

1

17

2 2

332 294 8 19

4

1

2

2

1

1

3
1

41

5

1

2

2

2

1

1

17 9

1

2

21

1

4 15

4-

1

1

1

2

1

1

1

1+

1

2

1

1+ 2

32 2

5

2

1

3

2

1

1

9 1

9

1

7

2

5

1

3

19

2

4 51 60

5

1

2

2

1

2

o 12

16

1

It

1
'3 7 5

41

3 3 7 239 327 3 1
---~--- - -

- 157 -

Table 20 _ Sentencee for Mledemeanor Caeee (Cont'd)

rCf11tt~Yt~OS~Tu;A;;Lp;;;er=lo;;;r.-A-""b"'a'n':dc~o!'n'!m!!~esn..t..!A'..r.d.~.o\!ru!n;1tclc~erWaY~tsl&'o-n. _-!~~~~e'E.t!!ar~d~~~~BIlB!Cr~le>a.!kli.!dlE~'n~-t--e.ro!lZCY"ac rwr!,ye!!a~Dp~0e'Wa'~ed-- LCoairr~yrlyngSOn CSh~elantd1aendS DWOl~eSth. lPDlSv. -';GIIAND~"""TNOT"A"L----------'8"8".*0~18.-"~21~.!ln;.703 3S3 1,92~ 252--5Sb---1i=5 329 127 ~,677 l,S63l.959 2S71.9S11,050 2111 216

Larceny

Larceny

Pub11c

Maintalnlng Ma11cloue Mledemsanore Oper. Auto Pub11c

Esoaplng

C

S

4l!5 197

Gamb11ng

C

S

3.316 579

I5(,S7CllmI9p~31~S.en)~.2r_g~C~A-,5f-8-t7-eTrS;T'-r~4ur3!sCt!';-1I-n6_d0-'eioSsTn.-c1_y4~C~--,L1~3eSw5,.d,-H--1o-5u-0-s-er.*CM4r4-l6-s,o':h5l;1eS2f.5,--(~MQr7rl6e-1"o:.S)~~C7~5;2--,5.W..6.hj9Sl3~le--1-I,,1no6t-o-3-x-.l5Di.Lr5~u-2-n6-k.~ e--n~nSee~s

300 or 6 months 300 or 7 months
1300 or S months 300 or 9 months 300 or 10 monthll
.300 or 12 months
.300 or IS months
IIWo or 3 monthe IWo or 4- months 4-00 or 6 months IWo or !I monthe IiOO or 9 months
1400 or 12 monthll
t400 or 18 months
500 or 1 month 500 or 4- months
1500 or 6 months 500 or 10 months 500 or 12 Dlonths 500 or 18 months
1600 or 6 months 600 or 8 mOnths 600 or 12 months
$800 or 6 months
800 or S months 800 or 12 months
i1000 or 4- months
' 1000 or 6 monthe
1000 or 12 months

16

1 1

1

33

1

30

3

9!1

L6

1

1

1

~i

5

3

2

l'

3

188

121

1

1

3

S

2

14-

1

1

6

3

13

1

1

93

1

2

36

4-

1

1

1

1

2

1

76

4

1

9

1

1

7S

33

1

1

1

3

3

1

1

1

4

2

2

1

10

1

27

5

5

1

1

1

7 S 70

3 1
3

6

1

3

2

1

1

1

1

1

1

6

3

8

1

2

1

1

1

4

2

1

1

1

71

1

1 2

2

2

14

1

1

9

2

1 1
2 4

9

S

5

1

1

9

1

2

4

3 16 22

1

1 1

1 1 2

7

12

1

S

1

2

1

1

1

1

3

2

32

12

1

1

2

1

1

4-

2

2

1

S

11

1

1

1

6

1

1

1

1 1

2 1

4

1

2

2

2

5

1

1

2

1

4

ine and Detention 10 and 15 daye 10 and 1 month 10 and 2 months 10 and 3 monthe 10 and 4- months 10 and 6 monthe
110 and !I months 10 and 10 monthe 10 and 12 months 10 and 18 monthe

3

19

12

17

4

32

9

22

31

4

1

2

1

54

106

1

2

1

24

2

1 1

1

2

2

1

1

25 and 15 days 25 and 1 month
125 and 2 monthll 25 and 3 monthe .25 and 4- monthe
25 and 6 monthe 25 and 8 months
125 and 9 monthe 25 and 10 monthe 25 and 12 months .25 and 18 monthe

46

44
340

J

136

13

1

1

2

7

3

612

Sl

11

19

1

60

2

26

55S
13

177

7

9

33

1

6
2

2

1

1

2

12

3

1

1

3

11

1

1

26 12

4

3

4

2

3

3

3

2

4

3 L)

3

7

6

75

1

3

50 and 1 month
150 and 2 monthe 50 and 3 monthe 50 and 4- monthe 50 and 5 monthe 50 and 6 monthe 50 and 7 monthe 50 and S monthe
150 and 9 monthe 50 and 10 monthe .50 and 12 monthe .50 and IS months

6 36

~

1

121

72

268

39

1

12

15

1
4

1

1

1

1

2

~

7 1

1

2 2

2

1

922

287

6

9

3

1

111

91

1

1

S

29

9

2

1

5

1

43 3!;. 33

38

5

3

6

1

2 16

2

1

2

6

2

1

1

1

977

554

2

4

3

1

63

1

1 12 27

5

17

3

3

75 and 15 daye

1

175 and 1 month

2

75 and 2 mont hs

2

75 $75

and and

3 4

mm~o-ntth-hss----~-::...---2-24--=--7-3 -==----.:..--.._~...:--.~~1---=-

1

1

1

1

5

5
1

2

1

8

1

1

1

1

1

1

1

1

13

20

1

12

1

2

3 1

1

3 24 10 10

2

4

.)

12

1

15

1 50

2

4

1

3

27

5 '3

1

4

6 79

6

3

13

7 29 74- 2~

3

2

1

2

2

12

1

10 29

1

3

1 58 10

2

1

2 10

2

6

19

6

3

2

1

1

6 33 196 40

6

2

1 2 10 1
2

-2

7

1
4-

2

1

6

24

2

2

4

2

1 1

2

2
3

1

,03

1

12

15

1

9

2

4

3 237

5 39 10

1

56

1

1

7 17S

7 51 16

21

8

1

1

2

1

2 2

~4

3
i

2 15 75

2

4 ls6 16 24 26

2

1

5 1

i 6

1

2

1

2

1

4-

200

3S 1

3

46 5

1

1

13

- 1511 -

Rec. Stolen Rec. Unstamp

Goods

Tobaccos

.

Use Auto ./0 Owners Cons.

209 2

11- 0

21

2 1 100 112 20

0

Vi0. Game no. Motor

La.s

Veh. Lan

1$

Vi0. Proh. La.

1i'1te Beatlng

1

1

1

1

2

1 1

11-

1

1 1

5

1

2

1

2

1

1

1 11-

-3

1

3

9

7

1

1

56

7

19

3

26

1

1

2

2

125 79

10

1

1

1

6 1
91
31 3

1

1

11-7

2

11-11-

1$

1

GRAND TOTAL

175 and 10 months 75 and 12 months 75 and 18 months

1110000 aanndd 12 mmoonntthhs 100 and ~ monthe 100 and months 100 and 6 months

11'0'0' .an.d. 87 .m.o.n.t.h.s 100 and 9 months 100 and 10 months 100 and 12 months 100 and 18 months

roo200 200

aanndd and

~2

mmoonntthhss months

g 200 and months

200 and months

1220000 aanndd 98 mmoonntthhss 200 and 10 months 200 and 12 months 200 and 18 months

g I~OO 300

aanndd

42

mmoonntthhes

300 and months

300 and months

300 and 7 months

1300 and 8 months 300 and 12 months 300 and 18 months

1400 and 6 months 400 and 12 months 400 and 18 months
1550000 aanndd ~ mmoonntthhes 500 and 9 months 500 and 12 monthe 500 and 18 months 600 and 12 months 800 and 12 months 1000 and 12 months 1000 and 18 monthe

F1ns OnlY 10 F1ne 25 F1ne 50 Fine 75 F1ne 100 F1ne 200 Fine
00 F1ne
Detention Only Jail or Cha1ngang Ssntsnos 15 deye 1 month 2 months ~ months
months
gmonths months 7 months 8 months 9 months
10 monthe 12 months 18 months

Adultery '"

. TOTAL

Abandonment Forn1oat1on Baet

t

r

C

!\S.01 21,814 1,703 383

252 5

32

2 77 1,8 3 1.959

16-~
158 3 8
256 2
1~ 8 164 1 673 261 1,337 9
19 1
155 6 9
17~ 93
4
2 4 11
350 3
5 1
1 1 1 122
40 32 1

88

1

1

33

3

5

270

1

2

1

16

2

5

7~

1

4

3

l

308

1

3

4

74

1

1

2

1

1

2

1

10

8

2

1

138 94

i 1

1

1

2 1 1 3

1

46

1

18

n3

1

1

1

1

3 1

23

1

5

~

3

1

7

1 1

1

2

1

10

7 60

4

565

1

1

2

7 24

8 10

5

1

1

1

1

1

11

7 31

1

2

1

15

1 31

2

2

1

2

1

56

7 105

6

6

9

1 10

1

1

1

1

2

2

1

2

7

2 26

5

2

9

1

3

1

1

3

8

2

1

1

1

2

1 4

2

3

1

76

24

4

2*~1

69

1

321

1

60

4

1

14

15

1

21

36

1

10

12

1

3

1

1

9 1
12 7
1

1
1 1
11

2 5
4 13
1

199 2,397
751 4.26~ 2.60
190 7,657
83 1,552
299
768 9.298
113

1

98

122

1

1

492

4

238

1

41

1

1.131 34

6

36

156 98

~

2 2

82

7

2

4-,000 1,547 528 22

2t

2

46

1

M5

1

30

1

22

87 12

5

7 2

1

1

4

g 8

2

98 6 500

1

1 1 21
20
1 1 65
12 2

3 11 108

9

3

15

65

1

2

l~g
70

6
i~

47 59

12

6 446

15~

1 201

4

2

196 21

8

10

8

47 13

4

49

329 2

532 21

29

8

65

8

49 16

9 215 44

2 73 25

2 21 5 179

7~

2

6

18 21

6

8

10

4

15 239 382

9

8 99

- 160 -

Taole 20 - Sentenca. for Mlsdemeanor CaBes (Cont1d)

LarceIlJ

Larceny

Pu b11c

I4alntalnlng Mal1clous Mlsdemeanors Oper. Auto l'ubl1o

de'=~=~""~,=~~~~=t=":~d~,~,f=~~~~:_8;79:15(.~7S1l+m~9 ~I3e,;)~ ::A5~Sf7t~er=T~r3u=st ~1In~d0e~ce:n1c;=L1e~w35d;H=o1u~5s0e ~~M~lsc=hl~1e2f5;(=M7~ls1cE.).7=52~5W,;69h;l3le;1,I1:n6to3:x.5~D;r~5u2n~bkle~~n9n~9e5s~s ~~

1 1
1
2

7

11

7

1

1

i 1

1

7

33

16 1

1

1

1

2

1

1

1 12 13

7

32

2

1

1

1

2

3

1

1

1

9 15 16

5 12 2

1

2

3

2

2

1

2

1 12

2

1

1

2

1

1

1.

13 3

1

2

10

12 21+ 12

2

6

1

1

1+ 37

1

2

1

2

1

7 30 17 6 4 5

II-

1

2 23

3

2

2

3

2
49 6

1

1

2

1

2

2

1

3 14

3

2

1

7

32

1

1

2

1

1

1

1

1

2

1
3
1

3

2

1

2

2

1

1

1 1
2

1 1

1

1

1

1

1

1

3

1

1
51
1
2

2
7

3

1

4

1

1

1

1

1

,--'------

1

1

1

1

1 1

1

1

1

1

1

1

2 1

6 1 2 11
9
1 1
1 19
1 1
4 7
1
3
2

53 1 17 1
1 21
133 1 7
1
IS

2

56

1

617

1

1

21+2

1,062

2

1
16
1
1
146 9

2

1

169 1

1

877 69 1

51

2

2

1

1 11

:no

1
34

1

1

1 15

2
12 8

2

1

1

114 16

5

4 35 5 25 1
6

2

1

6

1

~

9
2

1

1

1 1

4 1 13

~

6 8

6

2
17

12
1

331

2

2

7 10

3
2

5 62

1

i

1

6

3

1

1

2

2

4

1

1

1

1

1

2

1

1 24

43

19

8

73

2

9

1

1

~ 73

8

1

1

1

H 10 31 20 79 14 12
Ig ~

2

2

1

1

4 12

3

1

18 18
2

24 12

5 23

47 8 565

15

2~

. 2 3 31S 15 28

83 12 1,127 105 44

59 1 91S 67 57

1i

1 28

1

7

1

2
10

2 96

6J

2

2

9

16

2 22

1

3

79

2

2 25

38 IS 205 IS 10 4 109 S

10 1

S

1

86 4

33 17

22
6 20

57
1 1

2 62 8 8 2,41S 297 104 - 44 13 1
467 55 16 1 127 49 3

1
2 16 5

10 1 13 13 50

1

1

5

1

J 3

1

7

74 2S7

2

2

32 397

2
76

IS

2

1

1+

2 4 23

3

1 11

1
7 5

2
20 5

~
12

6 1

~
6

2

13

310 1+5 42 2,539 1,246

12 44

2
19

1
44

5 37 131+

1

1

4
1

3 60
3

1+6 3

4 34
1

41 10

7 45

12~

35

'-~~~~~-

1

8

73 314 109

549

6

1

3S 126

IS

3
~g
5 62 38

~

1

4 20

1

7

9 1 155
2
91 24

1
9 14

1

1

2

46

3 143

21 6

25

4

1

7

1

5

12 12

1

26

1

632 28 13

3U29 41 2

S

21 43

1

21 10

13

6

1

27 7

16 365 23 9

1

2

2

1

1

1 57

5

1

2

2 11

1

1

1

5
2

34

46 4-

26 1

41 53~

57
2

19

10 1 79 1 22 2 165 6 32
4 1 99
2
3
3 1 38
1

26

! 462 S2 1,019

5

793

8 16

~

71 20

29 7

25 2 4 5

10 2,345 189 96 5

3

9 5S6

1~ 14 3

70

43

gg Il 24

247 I,S99

96
5 277

9

22

- 161 -

Gram Total
F1J:le or Detention $10 or 1 month $10 or 3 months $10 or 4 months $10 or 6 months $10 or 12 months
$10 or 18 months $25 or 1 month $25 or 2 months $25 or 3 months $25 or 4 months
$25 or 5 months $25 or 6 months $25 or 9 months $25 or 10 months $25 or 12 months
$25 or 18 months $50 or 1 month $50 or 2 months $50 or 3 months $50 or 4 months
$50 or 5 months $50 or 6 months $50 or 1 months $50 or 8 months $50 or 9 months
$50 or 10 months $50 or 12 molIths $50 or 18 months $15 or 3 months $15 or 4 months
$15 or 5 months $15 or 6 months $15 or 1 molIths $15 or 8 months $15 or 9 months
$15 or 10 months $15 or 12 months $15 or 18 months $100 or 1 month $100 or 3 months
$100 or 4 months $100 or 6 months $100 or 8 months $100 or 10 molIths $100 or 12 months
$100 or 18 months $200 or 4 months $200 or 6 months $200 or 8 months $200 cr 10 months
$200 or 12 months $200 or 18 months $300 or 3 months $300 or 6 months $300 or 9 months
$300 or 12 months $300 or 18 molIths

. TABLE 21*
SENTENCES FOR FELONY CASES By CriJDes
51 Superior Courts of Georgia
January 1. 1926 - December 31. 1935

s..<p: 0
.p.p
~1ltl
e..Il1ClD',t.l.
Total ~H:i

.<:
:!::

,<:log
.pP:l

I: 0

llo

.poP

oPoP

~~.

~1l
ell CD

:l1l ~
~HP:I

"'.p
<'" Hl:l

13
III
~

~

i' ~~.~,.C. ~l0 Cl .....

..b..O.
IXl

e;!!~
IXl I>

~
Cl
,..,0.....
IXl

~ ~ ,b.O.
al

1........
Cl

~

~

~
CD ll<o

~
Ctol
0 ll<o

oP
III CD
~

24~504 2.881 202 151

16

65 323

30 1.183

96 126 1.430 15

5

1

1

3

2

::

1

1

14

2

3

1

12

2

2

40

11

11

5

1

3

1

1

1

44

6

1

1

2

1

1

3

1

46

1

2

1

2

2

3

2

3

1

9

10 11

94

31

2

1

1

2

10

1

4

13

1

10

22

9

215

60

2

1

4

1

a4

4

13

5

4

1

1

41

4 2

12 1

14

1

241

64

1

23

4

1

3

11

8

4

2

1

1

31

2

1

2

1

10

1

3

2

136

26

5

2

22

1

14

3

1

1

1

2

21

9

6

1

4

1

10

1

213

33

2

1

2

1

9

1

1 41
1 1

1

9

5

4

123

35

3

14

5

1

34

11

345

89

1

1

16

1

1

1

1

6

1

3

1

1

50

1

4

13

1

11

3

6

5

16

4

1

15

3

21

9

2

1

3

1

2

1

8

3

304

82

2

1

8

1

11

8

9

6

4

1

38

3

3

11

2

1

2

1

1

1

1

121

41

2

3

6

12

3

5

2

2

- 162 -

----
GrlUld Total
Fine or Detention (Cont1d) $400 or 12 months $400 or 18 months $500 or 4 months $500 or 10 months $500 or 12 months
$600 or 6 months $800 or 6 months $800 or 12 months $1000 or 12 momhs
Fine and Detention $10 lUld 3 months $10 and 6 months $10 lUld 12 months $10 and 18 months $25 and 1 month
$25 and 3 months $25 and 4 months $25 and 6 months $25 end 8 months $25 and 12 months
$25 and 18 months $50 and 2 months $50 and 3 momhs $50 and 4 months $50 and 5 months
$50 and 6 months $50 end 7 months $50 and 8 months $50 and 10 month~ $50 and 12 months
$50 and 18 months $75 and 1 month $75 and 2 months $75 and 3 months $75 end 4 months
$75 and 5 months $75 end 6 months $75 and 7 months $75 end 8 months $75 and 9 months
$75 and 10 months $75 and 12 months $75 end 18 months $100 lUld 3 months $100 and 4 months
$100 end 6 months $100 and 8 months $100 and 10 months $100 and 12 months $100 lUld 18 months
$200 and 2 months $200 and 6 months $200 and 8 months $200 and 12 months )200 and 18 months
$300 and 6 months $300 and 8 months $300 and 12 months $300 and 18 months

~able 21 - Sentences for Fe1o~ Cases (Cont1d)

-.e
o..P..
;. 0
oP oP

.e
oiPo
oPoP

.e.g
oPl'tl .~ 0 .poP

a" ~~~

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<H;tl

..... ~
~ ~ Clil'
<HI'tl

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<H

A..G..).

.
~

1~

"~>

.. ., ~ ~!

....l>D

Cl ..

"l "loP

i:'
..;:G)
"l

....~...
l>D
~

~
..I.....
G)
~

...~.,..
~

i:'
G)

~

t,o
0

I":l

~

H

24,504 2,887 202 151

76

65 323

30 7,783

96 126 1,430

15

15

3

5

1

4

1

1

1

44

16

1

1

1

1

8

1

3

1

1

1

1

2

2

2

3

2

1

2

11

3

1

1

1

1

4

3

3

3

17

6

4

1

34

7

1

2

1

6

12

1

10

4

10

2

1

4

1

1 1

55

25

1

1

11

2

10

5

274

42

3

3

1

2

2

8

1

1

2

52

2

5

25

48

2

2

1

8

4

1

1

1

2

1

2

1

1

2

14

9

2

13

1

3

.:

1

2

1

94

26

1

2

15

1

2

1

1

1

1

1

4

1

5

1

3

2

39

8

1

1

4

7

2

2

4

3

191

46

3

1

2

1

26

9

1

2

3

12

1

1

1

1

6

3

1

2

120

31

1

3

1

8

5

7

23

6

1

2

4

3

1

5

2

50

12

1

4

1

1

1

2

2

9

1

-164

Table 21 - Sentenoes for Felo~ Cases (Cont l d)

Fine IUld Detention (CoIIt1d)
$500 am 12 moIIths $600 am 12 moIIthB $800 am 7 months
$800 roid 12 months
$1000 am 12 moIIths
$1000 IUld 18 months

-

.<l
~

~0

.<l
~o

.<log
.s-PI>:
.~

-P
oj>

-p-P

oj>

Total

~1a ~$-e ::\~i

~~CD
::~ fa'
<.H I>:

~i
",.p
<'" Hi:1

.g
!a

33

6

1

1

1

4

2

4

3

i

t
..b..O.

r . .~~CD ,.. ~0 CD .....
f~~

to
...C,c..D...

III

'" > III

6

2 3

~
~ t,o
~

1~ ..
CD
~

~
0
~
rC.D.

~
CD

~

~

CD 0

r0..

~

2

Fine Only $10 Fine $25 Fine $50 Fine $75 Fine $100 Fine $200 Fine
$300 Fine

7

1

11

21

5

1

1

11

1

8

10

1

1

4

2

1

1

2 1

DeteIItion Only

Jailor ChaiDl!;1Ulg SeIItenoes

1 month

157

3

1

1

23

47

2 months

124

3

1

3

1

14

8

2

3 months

171

7

1

1

4

1

36

1

10

4 moIIths

95

3

2

1

11

23

5 months

25

1

1

6

6 months

701

94

6

4

4

1

4

1 174

1

8

45

7 months

49

1

1

22

1

4

8 months

196

22

2

1

1

2

71

1

16

2

9 months

159

23

2

6

36

1

4

10 months

169

16

7

59

1

6

12 months

5,744 609

60

34

5

19

84

4 1,956

13

48 469

2

18 moIIths

691

45

2

3

9

205

7

1

54

penitentiary SeIItences 1 year 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years

2,428 154

27

4

10

1

57

- 1,028

8

2

19

2

2,839 374

10

47

18

15

55

1 1,192

23

19 149

2

1,613 127

5

8

3

2

36

747

2

7 159

1

942

46

4

18

5

2

11

204

8

1 142

1,187 129

10

1

6

14

553

1

4

13

2

219

25

1

90

6

193

28

1

1

1

1

68

1

1

8

136

23

1

1

44

47

7

30

1

454

52

7

4

175

1

3

11 years 12 years 13 years 14 years 15 years 16 years 17 years 18 years 19 years 20 years

13

359

84

1

5

2

10

1

21

123

5

1

4

6

92

2

4

39

2

293

12

9

2

4

88

40

1

1

3

49

1

2

1

57

3

19

87

1

6

Eleotrocution

83

Life

715

2

2

3

other Dispositions Industrial School Training School Insane Ayslumn
BeA.

147

3

2

1

7

173

5

6

1

340

57

7

1

2

1

77

3

81

2

1

59

1

2

16

T<J.rAL

24,504 2,887 202 161

76

65 323

30 7,783

96 126 1,430

15

* Source: llimlte dockets of the oOUl"'&h

- 166 -

- 167 -

ApPENDIX G

TABLE 22*
CRIMINAL CASES BEFORE THE COURT OF APPEALS OF GEORGIA By Crimes
January 1, 1926 - Deeember 31, 1935

Total

1926

1927

1928

1929

Years 1930 1931

CRIMINAL HOMICIDES
Murder Involuntary Manslaughter Voluntary Manslaughter

248

23

28

22

24

26

27

25

1

4

2

3

3

4

5

1

2

218

21

24

20

19

23

23

CRIMINAL ASSAULTS
Assault Assault and Battery Assault with Intent to lllurder
Pointing Pistol at Another

225

27

28

31

22

22

22

8

2

2

2

49

7

6

2

7

7

5

116

13

15

17

11

11

8

7

2

2

2

Shooting at Another Stabbing Wife Beatir..

32

3

3

7

2

2

5

10

1

3

2

1

3

1

1

CARRYING DEADLY WEAPONS OPERATING AUTO WHILE DRUNK

39

4

6

23

2

4

6

9

1

2

2

DISTURBING PUBLIC PEACE
Drunkenness Ma1ieious Misehief Vagrancy Other Disturbances

50

10

9

~

6

5

3

23

5

4

1

2

4

2

8

1

1

9

3

1

3

10

2

3

1

1

1

ROBBERY

80

1

'6

2

5

3

11

BURGLARY

130

13

8

9

13

8

14

LARCENIES Attempted Larceny Cheating and Swindling Embezzlement
Larceny After Trust Larceny from House Larceny from Person Larceny of Auto

351

36

29

23

46

50

46

2

1

63

5

5

6

13

9

11

20

1

5

3

2

1

28

4

4

1

2

2

1

28

4

2

2

8

3

4

3

1

2

50

5

2

3

3

6

9

Larceny of Cotton Larceny of Livestock Larceny! simple
Other Larcenies

3

3

2

63

4

5

3

6

17

~O

72

8

4

5

9

7

9

14

2

1

2

2

1

FORGERY

19

2

1

1

6

NON-SUPPORT
Abandonment Bastardy

40

3

2

2

4

6

5

24

1

1

1

3

5

3

16

2

1

1

1

1

2

SEX CRIMES Adultery and Fornication
Assault with Intent to Rape Incest Maintaining Lewd Rouse

96

9

12

7

5

17

8

15

2

3

1

2

3

28

2

2

4

6

2

1

1

8

3

1

3

Public Indecency
Rape
Seduetion Sodomy

3

1

1

8

1

1

1

3

28

5

1

1

4

2

5

1

1

CAMBLING Lottery Other Types of Gambling

22

2

2

1

2

3

12

1

1

10

2

2

1

1

2

VIOLATION FROHIBITION LAW
Manufacturing Liquor Possessing Liquor Selling Liquor Other Violations

734

126

105

92

83

69

'14

174

29

26

24

25

13

22

471

76

66

57

47

45

46

48

9

7

4

6

5

5

41

12

6

7

5

6

1

VIOLATION OF MOTOR VEHICLE LAW

27

4

2

5

1

1

3

MISCELlANEOUS CRIMES Arson Bigamy
Briber;
B1aekmai1 and Extortion Cruelty to Children and Animals

390

32

36

34

53

30

37

33

1

6

2

4

2

4

5

1

2

10

1

5

4

6

1

2

6

1

3

Eseaping ""a1se Oath Felony, miscellaneous
Felony Kidnapping

13

1

1

1

1

1

2

1

1

20

1

1

6

1

1

12

3

1

2

11

1

3

1

1

1

Misdemeanor, miscellaneous
Misdemeanor Perjury Rioting Violation of Game Law

68

7

4

5

13

178

17

12

20

22

11

2

1

1

2

4

1

2

1

11

1

2

5

12

9

7

2

1

4

TOTAL

2.474

291

277

232

* Souree: Doekets of the Court of Appeals

- 169 -

250

270

1932 24 1 23 10 1 8
1
2 2 3 1 1 1
13 18 29
4 3 2 3 4
5 6 2 1 3 1 2 8 3
2 3
50 12 28
8 2 4 38 4 1 1
4 2 2
10 14
205

1933 24 2 1 21 16
3 9 1
2 1
6
3 1
2
12 15
33 2 4
3 2
10
1 5 6
5 :; 2 16 4 6
1
3 2
3 3
42 12 27
2 1 2
31 1
2 1
2 1 2 5 15 2
2\oo

1934 22 3 19 20 8
8
3 1
2 2 4 1 2 1
8 11
29 4
8
2 2 5 7 1
4 1 3 8 2 1
4 1 4 4
52 9
42 1
5 33
8
1 2 2 1
3 13
3 204

1935 28 2 1 25 27 2 3 16
4 1 1 6 6 5 2 3
19 21 30
1 4 1 1
6
3 11
3 2 6 5 1 6 1
5
5 3 2 41 2 37 1 1
66
2
4 2 2 4 49 1
268

TABLE 23*
CRIMINAL CASES BEFORE THE SUPRElffi COlmT OF GEORGIA By Crimes
January 1, 1996 - Decsmber 31, 1935

CRIMES

Total

1926

1927

Years 1928 1929

1930

1931

Arson

1

Attempt to Incite Insurrection

5

Bribery

1

Burglary

1

Embezzlement

1

1 1 1

Escaping from Penitentiary

1

1

Felony, blanket charge

1

1

Larceny of Automobile

2

2

Larceny from House

1

1

Malpractice in Public Office

2

2

Misdemeanor, blanket charge Murder .
Participating in Illegal. Futures Possessing Liquor Practicing Profession without License

3

1

341

40

27

40

30

31

24

1

1

2

1

1

3

1

1

1

Rape Violation of Security License Law Violation of Banking Regulation. Violation of Game Law Violation of Motor Vehicle Law

57

4

5

3

4

4

7

2

1

4

2

1

1

2

1

1

1

Voluntary Manslaughter

4

1

2

TOTAL
* Source: Dockets of the Supreme Court.

436

44

36

48

38

40

40

TABLE 24*

COUNTIES FROM WHICH CASES WERE CARRIED TO THE APPELLATE COURTS January 1, 1926 - December 31, 1935

1932 2 1
7 48

1933 2
1 38
8 1 1 51

1934 1
9 1 45

1935
1 39
e
46

County

Court of Supreme Total Appeals Court

County

Court of Supreme Total Appeals Court

Appling
Bacon Baker Baldwin Banks

35

32

3

22

21

1

7

7

4

4

725

Fannin Fayette Floyd Forsyth Franklin

4

4

853

100

94

6

6

6

8

8

Barrow
Bartow Ben Hill Berrien Bibb

8

7

1

Fulton

18

13

5

Gilmer

34

31

3

Glascock

30

28

2

Glynn

107

90

17

Gordon

470

384

86

5

4

1

10

7

3

10

7

3

29

27

2

Bleckley Brantley Brooks Bryan Bulloch

3

2

1

Grady

8

8

Greene

3

2

1

Gwinnett

2

2

Habersham.

16

14

2

Hall

11

9

2

4

4

30

25

5

5

5

24

21

3

Burke Butts Calhoun Camden Candler

972

12

6

6

3

2

1

642

14

11

3

Hancock
Haralson Harris aart Heard

4

4

32

30

2

413

1

1

9

7

2

Carroll Catoosa Charlton Chatham Chattahoochee

43

42

1

16

16

532

63

50

13

1

1

Henry Houston Irwin Jackson
Jasper

8

6

2

11

8

3

312

17

15

2

4

4

Chettooga Cherokee Clarke Clay Clayton

45

36

9

9

8

1

22

19

3

642

14

11

3

Jeff Davis Jefferson Jenkins Johnson Jones

10

10

752

17

15

2

18

15

3

13

11

2

Clinch Cobb Coffee
~olqu1tt
Jolumbia

6

5

1

23

20

3

14

12

2

30

24

6

541

Lanier Laurens Lee
Liberty Lincoln

1

1

130

120

10

4

4

11

9

2

5

5

Cook Coweta Crawford Crisp Dade

13

13

12

10

2

871

16

15

1

3

3

Long Lowndes Lumpkin McDuffie McIntosh

19

16

3

17

12

5

1

1

11

11

14

11

3

Dawson
Decatur DeKalb Dodge Dooly

3

3

Macon

32

27

5

Madison

27

23

4

Marion

15

14

1

Meriwether

11

10

1

Miller

]A

14

16

16

2

2

16

12

4

52

48

4

Dougherty Douglas Early EUingham Elbert

7

6

1

Mitchell

25

19

6

Monroe

15

11

4

Montgomery

12

8

4

Morgan

6

6

Murray

3

2

1

8

7

1

752

12

9

3

20

17

3

Emsnuel
Evans

20

17

3

MU8coge6

9

9

Newton

18

13

5

11

7

4

if- Source! Dockets of the Supreme Court and Court of Appeal.!'l~

County
Oconee Oglethorpe Paulding Peach Pickens
Pierce Pike Polk Pulaski Putnam
Rabun Randolph Richmond Rockdale Schley
Screven Seminole Spalding Stewart Stephens
Sumter Talbot Taliaferro Tattnall Taylor
Telfair Terrell Thomas Tift
Toombs
Towns Treutlen Troup Turner Twiggs
Union Upson Walker Walton
Ware
Warren Washingto,. Wayne Webster Wheeler
White Whitfield Wilcox Wilkes Wilkinson Worth
TOTAL

Court of Supreme Total Appeals Court

9

7

2

8

6

2

19

18

1

5

3

2

4

1

3

27

21

6

8

5

3

26

23

3

15

12

3

24

21

3

1

1

17

14

3

32

21

11

5

5

4

4

16

13

3

7

7

15

12

3

B

6

2

19

16

:3

1

1

19

18

1

37

36

1

2

2

9

8

1

11

8

3

11

9

2

1

1

16

15

1

2

2

9

8

1

36

32

4

1

1

2

2

3

2

1

5

5

57

53

4

9

5

4

15

12

:3

13

10

3

18

14

4

19

15

4

4

4

2

1

4

3

70

63

7

11

9

2

76

73

:3

4

3

1

16

12

4

2.910 2.1':4

~

- 170 -

TABLE 25*
DISPOSITION OF CASES BEFORE THE COURT OF APPEALS OF GEORGIA By Crime Type
January 1. 1926 - Deoember 31. 1935

CRIMES

Total

Affirmed

Dismissed

Reversed

Withdrmm

,pending

Reversed and

Transferred to R~ed

Supreme Court

Criminal Homicides

248

179

7

15

11

Criminal Assaults

225

160

12

21

3

Carrying Deadly Weapons

39

27

3

3

Operati..ng Auto mile Drunk

23

19

1

1

Disturbing Public Peace

50

31

4

3

6

12

18

4

25

2

4

1

1

12

Robbery
Burglary L8rcencies Forgery lion-Support

80

61

1

5

5

8

130

74

9

13

1

10

23

351

221

34

19

3

6

68

19

16

1

1

1

40

31

1

3

1

1

3

~x Crimes

96

67

5

8

Gtlmbli..ng

22

15

1

1

Violation Prohibition LBW

734

543

35

39

Violation Motor 1BW

27

15

4

1

Miscellaneous Cr;lJnes

200

126

12

6

2

3

7_

53

1

24

6

8

2

iOl

7

31

Misdemeanor. blanket charge

178

73

12

84

3

4

2

Felony. blanket charge

12

1

3

5

1

2

TO'llL

2.474

1.659

145

228

32

77

18

315

* Source: Dockets of the Court of Appeals.

CRIMES

TABLE 26*

DISPOSITION OF CRIMINAL CASES BEFORE THE SUPREME COURT OF GEORGIA By Crimes
January 1. 1926 - December 31. 1935

Total

Ai'firmed

Reversed Dismissed

Withdrmm

Arson Attempt; to Incite Insurrection
Bribery Burglary EmbezzlemeIlt

1

1

5

5

1

1

1

1

1

1

Escape fram Penitentiary
Felony. blanket charge Larceny of Automobile Larceny fram House Malpractice in Public Office

1

1

1

1

2

2

1

1

2

1

1

Misdemeanor. blanket charge

3

2

1

lbrder

341

254

73

2

Participating in Illegal Futures

1

1

Possessing Liquor

2

2

Practicing Profession without License

3

3

Rape
Violation of Security License Law
Violation of Banking Regulations
Violation of Game LaIr
Violation of lfotor Vehicle La...

57

39

13

3

2

2

4

3

1

2

2

1

1

VoluIltary Manslaughter

4

3

1

TOTAL

436

325

90

6

1

* Source: Dockets of the Supreme Court.

pendi..ng
12 2 14

- 171 -

TABLE 27*

PERIOD BETWEEN FILnm OF CASES JlJW THEIR DISPOSAL The Court of Appeals of Georgia
January I, 1926 - December 31, 1935

Crimes

Under

Over

Total 1 I"..o. 1 2 3 4 5 6 7 8 9 10 11 12 12

Criminal Homicides Criminal Assaults Carrying Deadly Weapons Operating Auto while Drunk Disturbing Public Peace

248

32 8 72 62 36 11 4 9 8 4

11

225

17 11 73 63 32 8 9 4 1 2 :3 1 1

39

1

15 14 6

3

23

1 11 6 1

211

50

1 1 19 14 8 3 1 1

11

Robbery Burglary Larcenies Forgery Non-Support

80

4 11 22 14 10 8 6 1 2

2

130

6 4 42 41 17 8 5 2 1 3 1

351

11 11 132 92 45 24 8 8 11 :3 2 3

1

19

21 74 21

2

40

1 2 16 7 7 3 1

111

Sex Crimes Gambling Violation of Prohibition Law Violation of Motor Law Miscellaneous Crimes

96

7 10 37 23 8 2 3 1

311

22

1 4 10 5 2

734 24 17 278 240 102 33 9 7 10 7 5 1

1

27

3 1 2 10 4 3 3

1

390 87 21 91 87 51 19 12 2 6 7 4 1 2

TOTAL

2,474 197 103 827 682 331 123 66 36 42 33 18 8 6 2

* Source: Dockets of the Court of Appeals.

TABLE 28*

Crimes

PERIOD BETITEZN FILIllG OF CASES MID THEIR DISPOSAL ?he Supreme Court of Georeia
January 1, 1926 - December 31, 1935 Months
Under TotaJ. 1 moo 1 2 3 4 5 6 7 8

Over 9 10 11 12 12

Arson

1

Attempt to Incite Insurrection

5

Bribery

1

Burglary

1

Embezzlement

1

3 1

1 2
1
1

Escape from Perritentiary

1

1

Felony, blanket charge

1

1

Larceny of Automobile

2

1

1

Larceny from House

1

1

;.:alpmctice in Public Office

2

1

1

Misdemeanor, b1ar~et charEe

3

J.:urder

341

Participating in Illegal Futures

1

Possessing Liquor

2

Practicing Profession without License

3

1

1

1

13 47 42 29 30 32 27 30 26 30 14 12 9

1

1

1

1

1

1

Rape Violation of Security License Law Violation of Ban1..-ing Regulations Violation of GllXle Law Violation of Motor Vehicle Law

57

128 774 35 72 335

2

1

1

4

1

111

2

1

1

1

1

Voluntary Manslaughter

4

3

1

TOTAL

436

1 17 58 50 40 41 38 33 45 30 37 19 17 10

* Source: Dockets of the Supreme Court

- 172

TMlLE 29*
REQUESTS TO THE SUPREME COURT FOR WRITS OF CERTIORARI By Years
January 1, 1926 - December 31, 1935

YEARS

Total

Granted

Denied

Abandoned

1926

24

13

11

1927

37

3

15

19

1928

22

7

15

1929

26

17

9

1930

20

9

11

1931

44

2

17

25

1932

20

1

6

13

1933

22

1

8

13

1934

20

5

15

1935

12

1

11

TOTAL

247

7

98

142

* Source: Dockets of the Court of Appeals.

TABLE 30*
RELATION OF CASES REVERSED TO CASES APPJU,LED By Judicial Districts of the Superior Court
Court of Appeals and Supreme Court of Georpa January 1, 1926 - December 31, 1935

District

Cases APpealed

Cases Reversed

Number

Percent

Alapaha

50

Albany

63

Atlanta

470

Atlantic

92

Augusta

57

15

30.0

13

20.6

36

7.7

16

17.4

6

10.5

Blue Ridge

51

Brunswick

80

Chattahoochee

28

Cherokee

156

Cordele

72

9

17.6

14

17.5

6

21.4-

41

26.3

14

19.4-

Coweta

116

12

10.3

Dublin

150

32

21.3

Eastern

63

12

19.0

Flint

28

8

28.6

Griffin

36

7

19.4

Macon

131

Middle

75

Northeasterr.

62

Northern

39

Ocmu1gee

69

31

16

_...... 3

8

12.9

6

15.4

20

29.0

Oconee

60

Ogeechee

61

Pataula

108

Piedmont

62

Rome

202

5

8.3

19

31.1

17

15.7

17

27.4

55

27.2

Southern

61

Southwestern

34

Stone Mountail"

57

Tallapoosa

102

Tifton

21

12

19.7

8

23.5

13

22.8

20

19.6

2

9.5

Toombs

123

Waycross

91

Western

40

33

26.8

21

23.1

6

15.0

TOTAL

2,910

550

18.9

*Source:Dockets of the Supreme Court and Court of Appeals.

- 173 -

ApPENDIX H

TABLE 31*
RELEASES GRANTED By Minimum Seni;ence Imposed Felony Cases Admiti;ed to the Georgia Penitentiary January 1, 1926 - Deoember 31, 1935

Minimum Sentence in Years

Total Admitted

Not

Completion

Released of Sentence

1

4,251

1,192

796

2

4,621

1,654

753

3

2,303

1,021

232

4

1,090

599

96

5

1,717

1,033

148

6

183

111

5

7

250

161

4

8

215

150

4

9

26

17

2

10

781

585

11

11

12

8

2

12

96

72

1

13

10

8

14

16

12

15

217

156

1

16

7

6

17

6

4

18

49

38

19

35

27

20

314

261

Life

1,137

908

- - - - - - - - _ - - - --~

..- - - -

TOTAL

17,336

8,023

===---====.==~----=='-----------,--'-.--===-.~==--~-

* Source: Records of the Prison Commission.

2,055

Pardon
70 83 38 15 22
5 3 1 1 7
1
4
1 6
29
286

COllllJlUtation
263 242
95 67 39
8 9 3 2 16
4
2 6
2
19
777

Parole
1,879 1,803
860 287 427
49 67 53
4 116
2 16 1 1 34
1 2 8 5 34
131
- "---"
5,780

Death
51 86 57 26 48
5 6 4
46
2 1 1 16
3 2 11
50
415

TABLE 32*

PARDONS, COJ;llmTATIONS, PAROLES

Percent of Minimum Sentence Served

Felony Cases Admitted to the Georgia Penitentiary

- - - - - - - - - - __.. .~_

._~--_._-----~--

January 1, 1926 - December 31, 1935
------

If.ini= Sentence _ _in Y9Elr3

Total Cases

0-10 11-20 21-30 31-40 41-50 51-60 61-70
---------

1

100.0

4.6

.7

.7

1.0

3.0

2.1

1.4

2

100.0

5.3

1.0

2.2

1.9

3.5

4.4

3.5

3

100.0

2.9

2.3

2.5

4.0

6.0

4.6

4.0

~

100.0

7.3

1.6

6.5

8.7

6.8

6.5

3.6

5

100.0

7.6

1.8

5.9

6.3 10.9

5.7

5.7

6

100.0

3.2

4.8

9.7

6.5 12.9 11.3

106

7

100.0 10.1

3.8 10.1 13.9 12.7

7.6

3.8

8

100.0

3.5

3.5

8.8

8.8 12.3 10.6

3.5

9

100.0 14.3

14.3 14.3 14.3 14.3 14.3

10

100.0

7.2 10.7 14.3 18.6 15.7

7.2

7.2

11

100.0

50.0

50.0

12

100.0

4.8 19.0 23.8

4.8 14.3

9.5 19.0

13

14

100.0 66.7

33.3

15

100.0

9.1 15.9 32.4 18.2 18.2

6.2

16 17 18 19 20
- - - - - _..._~-----
TOTAL

100.0 100.0 100.0
100.0 100.0

45.2

100.0
62.5 50.0 16.7

50.0 37.5 16.7 30.9

33.3 7.2

50.0

--~-------

100.0

5.4

1.9

3.3

3.4

5.1

4.1

3.1

* Source: Records of the Prison Commission.
** In this column the =il!llllll sentence was evoked.

- 175 -

71-80 1.8 4.4 2.6 4.9 41.8
38.7 29.2 42.0 14.2 17.1
4.8
7.2

** 81-90 91-100

1.2 2.4 56.7 41.9 3.1

'13.5 66.2
6.9 7.3 7.8

8.1

3.2

1.2

7.6

3.5

3.5

2.0

O*v*er 100
10.0 5.2 7.5 4.9 3.4

12.3

-----"--
47.7 6.5

TABLE 33*
RELEASES G.RAmED - PRISONERS UNDm LIFE IMPRISOllMENT SENTENCES in the Georgia Penitentiaq
January 1. 1926 - Deoember 31. 1935

Time Served 0-3 Mo. 4-6 7-9 10-12 13-15 16-18 19-24 25-30 31-36 37-48 49-60 61-72 73-84 85-96 Over 96

Totlll 6 8 4 3 6 7 8 9 8
37 30 32 31 27 13

TOTAL

229

... Source: Records of the Prison Connnission

Pardon
1
1 3 3 1 1 5 3 5 2 4
29

CCIIIIIIIIltations 3 1
1 1 1 2 4 2 2
1
1
19

Parole
2
1
1
2 24 17 25 26 22 11
131

Died 3 5 3 1 4 2 3 4 3 6
10 1 3 1 1
50

TABLE 34*
NUMBER OF ESCAPES - BY MTIlIMlJl4 SENTENCE IMPOSED Felony Cases in the Georgia Penitentiary January 1. 1926 - December 31. 1935

Min.ilIDllll Sentence in Years

Totlll Cases Effecting Escape

l'lwnber of Escs.pes Effected by Each case

1

2

3

4

5

6

7

8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Life Sentence TOTAL

684 975 588 323 551
60 76 64 11 258
5 34 4 4 61
1 1 16 10 102 250 4.078

469

147

49

11

6

2

694

192

48

21

8

12

396

132

40

8

8

4

226

53

23

16

3

2

387

108

32

16

7

1

45

11

2

1

1

51

19

6

42

13

5

1

2

1

8

1

2

172

66

15

3

1

1

5

17

6

7

3

1

3

1

4

34

21

4

1

1

1

1

11

3

1

1

8

1

1

56

23

4

3

13

3

176

51

16

4

1

2

2.805

849

254

89

52

23

3

3

* Source: Records of the Prison Commissionc

EXHIBIT .,

When the Survey of Criminlll Court Procedure was first the complete record of 1111 felony convicts sent fro.':l overy

pllUlIled it was contemplated that only data concerning county in Georgia. This could be accomplished with one

felony prisoners convicted in the trilll courts of the worker in the de:zired time limit. IIJld was therefore chosen

oounties studied would be gathered. To accomplish this it in preference to the other. By this method some data was

was found that many hours would have to be spent in secured on all felony con......cts ,,"nt to the Georgia peni-

searching out the records of the individulll convicts. tentiary uuring the period January 1. 1926 to December

Since only one worker could be placed at this task it
apPtlared to be an almost interminable assigmnent. on the

31. 1935. rather than a ~reater amount of data on each case sen:'; from a smaller area. The schedule used was a re-

other hand by mak:i.;ag a copy of the personnel record as plica of the docket on which personnel data was recorded

kept by the Prison Commission it would be possible to get and the survey worker made an exact copy of these dockets.

- 176 -