the electrocution act of 1924 ga. l. 1924 p. 195

7/27/2019 The Electrocution Act of 1924 Ga. L. 1924 p. 195

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Ga. L. 1924, p. 195-197.

Georgia General Assembly Acts and Resolutions of 1924

Part I (

Title VI (“Miscellaneous Civil and Penal Laws”) No. 475.

(“The Electrocution Act”)

Ga. L. 1924, P. 195 (“The Electrocution Act”)

-----------*195-------------

Georgia General Assembly Acts and Resolutions, 1924, Part I, Title VI (“Miscellaneous Civil

and Penal Laws”), No. 475

DEATH PENALTY; ELECTROCUTION AT PENITENTIARY;DATE OF EXECUTION; HOW CHANGED.

No. 475.

An Act to provide for the execution of persons sentenced to the punishment of death, by

electrocution; and to provide a permanent death chamber and appliances and

apparatus necessary for the proper execution of felons by electrocution; and to

appropriate monies necessary to defray the expenses thereof; and authorize the trial

judge to fix a new date for the execution of the sentence where the same is not

executed on the date originally named; and for other purposes.

Sec. 1. Be it enacted by the General Assembly of the State of Georgia, that after the

approval of this Act by the Governor, all persons convicted, after the passage of this Act, of a

capital crime and have imposed upon them the sentence of death, shall suffer such

punishment by electrocution within the walls of the State Penitentiary, at Milledgeville,

Georgia, or wherever the State Penitentiary may be located, instead of hanging.

Sec. 2. Be it further enacted that the Prison Commission Death of Georgia shall

immediately upon the passage of this Act, provide a death chamber, and all necessary

apparatus, machinery and appliances for inflicting such penalty by electrocution, and said

expenses to be paid by the Treasurer of the State, on vouchers approved by the Governor,

out of monies in the Treasury not otherwise appropriated.

Sec. 3. Be it further enacted that upon the conviction of any person in this State of a

crime, the punishment of which sentence is death, it shall be the duty of the presiding judge

to sentence such convicted person to death according to the provisions of this Act, and to

make such sentence in writing, which shall be filed with the papers in the case against such

convicted person, and a certified copy thereof shall be sent by the Clerk of the Court in



which said sentence is pronounced to the superintendent of the State Penitentiary, not less

than ten days

-----*196 -------prior to the time fixed in the sentence of the court for the execution of the same; and in all

cases it shall be the duty of the sheriff of the county in which such convicted person is so

sentenced, together with one deputy or more, if in his judgment it is necessary, andprovided that in all cases the number of guards shall be approved by the trial judge, or if he

is not available, by the ordinary of said county in which such prisoner is sentenced, to

convey such convicted person to said penitentiary, not more than twenty days nor less

than two days prior to the time fixed in the judgment for the execution of such condemned

person, unless otherwise directed by the Governor, or unless a stay of execution has been

caused by appeal, or granting of a new trial, or other order of a court of competent

jurisdiction, and the expense for transporting of said person to the penitentiary for the

purpose of electrocution shall be paid by the ordinary of the county wherein the conviction

was had, or the board of commissioners of roads and revenues, the county commissioner,

or other person or persons having charge of the county funds, out of any funds on hand in

the treasury of such county.

Sec. 4. That there shall be present at such execution the Warden of the Penitentiary,

who shall serve as executioner, and at least two assistants, two physicians to determine

when death supervenes, an electrician, a suitable guard, and if the condemned person so

desires, his counsel, relatives, and such clergymen and friends as he may so desire.

Sec. 5. Be it further enacted that the executioner and attending physician shall certify

the fact of such execution to the Clerk of the Superior Court of the county in which said

sentence was pronounced, which certificate shall be filed by the clerk with the papers in

the case.

Sec. 6. The body of the person so executed shall be delivered to the relatives if they so

desire, and in case no claim is made by relatives for such body, the same shall be disposed

of as bodies of convicts dying in the State Penitentiary; Provided, that if the nearest relative

of persons so executed desire that body be carried to former home, if in the State, the ex- --

-----------*197 -------------

penses of such transportation shall be paid by the Ordinary, or the board of commissioners

of roads and revenues, county commissioners, or other person or persons having charge of

the county funds, out of any funds on hand in the Treasury of the county in which such

person was convicted.

Sec. 7. Be it further enacted by the authority aforesaid that where the date for the

execution of any such convict in a capital case has passed by reason of a supersedeas to the

suing out of a bill of exceptions to the judgment of the trial court, or a respite by the

Governor, or for any other reason, the judge of the Superior Court of the county where the

case was tried shall have power and authority, without requiring the convict to be brought



before him by habeas corpus, as provided in Penal Code (1910), par. 1072, to pass and

order in term time or vacation, fixing a new date for the execution of the original sentence,

said order to be recorded on the minutes of said court as other official orders and

sentences are required by law to be done, and a certified copy of said order shall be sent

immediately to the Superintendent of the State Penitentiary at the place of execution. The

judge shall fix the new date not less than 10 nor more than 90 days from the date of suchorder. Providing this bill shall not affect any person now under indictment for murder.

Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in

conflict with the provisions of this Act be and the same are hereby repealed.

Approved August 16, 1924.

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the electrocution act of 1924 ga. l. 1924 p. 195

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