Legal Opinion

Hawkins v. State

Supreme Court of Georgia

Decided May 15, 1853No. 47PublishedCited by 17 opinions

Affray, in Baldwin Superior Court. Tried before Judge Johnson, March Term, 1853. Nathan Hawkins and William G. Bonner were indicted for an affray. The proof on the part of the State was, that Hawkins was in the public street in Milledgeville, when Bonner passed by; Hawkins accosted him, rising at the same time, “ I understand you said that you had made a contract with me about feeding your horses.

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Affray, in Baldwin Superior Court. Tried before Judge Johnson, March Term, 1853. Nathan Hawkins and William G. Bonner were indicted for an affray. The proof on the part of the State was, that Hawkins was in the public street in Milledgeville, when Bonner passed by; Hawkins accosted him, rising at the same time, “ I understand you said that you had made a contract with me about feeding your horses. I have said, that if you said so, you told a d — d lie ; and as I am not accustomed to say anything behind a man’s back which I will not say to his fa'ce, I now tell you of it.” Bonner replied, “ I…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

The defendants were indicted for an affray, which is defined by our Code, to be “ the fighting of two or more persons in some public place, to the terror of the citizens, and disturbance of the'public tranquility.” Prince, 643.

[1.] The defendants are to be tried together, and for the purposes of the trial, and in making their defence, are to be considered as having one common interest; and this view of the question disposes of the objections made to the refusal of the Court to allow each defendant to strike seven of the Jurors peremptorily,. and…

2Cited by17 opinions

  1. Jahnke v. StateNebraska Supreme Court · 1903
  2. ANTHONY v. THE STATE (Three Cases)Supreme Court of Georgia · 2018
  3. Anthony v. StateSupreme Court of Georgia · 2018
  4. Solomon v. StateSupreme Court of Georgia · 2019
  5. Watson v. StateCourt of Appeals of Georgia · 2003

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