And in Massachusetts they passed a law requiring
citizens to hang or otherwise execute any Rhode
Islanders found in Massachusetts. This was in 1659.
The law was not repealed until the 1970's, when an
enterprising defense attorney whose client was accused
of shooting to death a man from... you guessed it! --
Rhode Island found it was still in force. The attorney
immediately proposed that his client was not guilty of
any criminal offense, but merely zealous and very
public-spirited.
It didn't get the guy off, but the gunman got a reduced
sentence and the law was expunged by the Legislature
in fast order. I suppose this indicates that
Massachusetts
lacks reverence for the kind of good old-time legal
tactics
practiced by King George III and his ilk, a reverence
that
is apparently possessed by the governments of Georgia
and Alabama.
Sterling K. Webb
----------------------------------------------------------------------------
----- Original Message -----
From: "Mr EMan" <mstrema...@yahoo.com>
To: <meteorite-list@meteoritecentral.com>;
<meteorh...@aol.com>
Sent: Friday, April 03, 2009 10:54 PM
Subject: Re: [meteorite-list] Banishment -OT was 2
arrested update
--- On Thu, 4/2/09, meteorh...@aol.com
<meteorh...@aol.com> wrote:
some of this story smells a little fishy... snip.. it
was reported that Honorable(sic) Judge Jerry M.
Daniel told the guys "to get out of dodge.“
Georgia and Alabama are the only US states left where
the common law of banishment is still legal
statewide. Dating back to King George III, thus
predating both the US and Georgia State constitutions
it has been upheld under common law by the US Supreme
Court although certain limits are pending review.
It is an almost obligatory addition to any sentence
in Georgia where the defendants are not local
residents and the Judge needs re-election publicity.
In Georgia, a county judge is an officer of the State
court system but can't banish you into the rest of
the state but, can banish you from the whole state
IIRC. Hard to enforce outside the judge's own
county, and under one supreme court ruling it can't
extend beyond the original sentence of the underlying
sentence, it is theoretically possible to land one
back in jail if caught again in the state and you are
"notorious" in that banishment is not kept in
state-wide records. The new arresting officer would
have to be smart enough to call the previous
judge--and fortunately intelligence is not a
requirement for their employment.
I know one county in Georgia where there is the
Sheriff, his wife is the Jailer, his son is THE full
time Deputy( who in Barney Fife tradition frequently,
isn't allowed to carry a loaded gun and who's IQ is
just high enough to not be classified as a rock).
The sheriff's daughter is the 9-1-1
Director/dispatcher. The judge is a cousin or
uncle??? The cousin mayor in the county seat also
owns the feed store, cotton gin, gun shop,ambulance
service, towing contract and jail food services
contract. As you can imagine NO ONE in 20 years as
ever been found not guilty. No one married into the
family can get a divorce unless the family member
wants it. This is not illegal per se for inbred
nepotism to such a degree. In a state where it is
legal to marry your cousin, this should surprise no
outsider. Unfortunately to this day a common offense
meriting summary execution is DWB-Driving while black
or DWM --while Mexican. I wouldn't be surprised if
DWY wasn't a
common offense--you know Driving while Yankee.
Elton
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