Legal Opinion

McGinnis v. State

Supreme Court of Georgia

Decided August 15, 1860PublishedCited by 12 opinions

Indictment for Murder, in Forsyth Superior Court. Tried before Judge Rice, at the April Adjourned Term, i860. Isaac Freeland, Jacob Pettyjohn, Devi Q. C. McGinnis, and William R. Braunon, were jointty indicted for the murder of Claiborn Vaughan. The first count in the indictment charged them all as principals in the first degree; and the second count charged Isaac Freeland as principal in the first degree, and tlie other four defendants as principals in the second degree.

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Indictment for Murder, in Forsyth Superior Court. Tried before Judge Rice, at the April Adjourned Term, i860. Isaac Freeland, Jacob Pettyjohn, Devi Q. C. McGinnis, and William R. Braunon, were jointty indicted for the murder of Claiborn Vaughan. The first count in the indictment charged them all as principals in the first degree; and the second count charged Isaac Freeland as principal in the first degree, and tlie other four defendants as principals in the second degree. The defendants elected to be tried separately, and Levi Q. C. McGinnis was put upon his trial, when the following evidence…

1Opinion of the Court

By the Court.

Uumpicin, J.,

delivering the opinion.

We do not deem it necessary or proper to discuss, separately and at length, all the grounds taken in this writ of error.

The defendant has been tried and convicted as principal, in the second degree, for the murder of Claiborn Vaughan, one Isaac Freeland having been condemned and executed as the actual perpetrator of the deed.

To better understand the questions of law in the case, it is well to consider, first, whether the verdict is contrary to the evidence. I will state the testimony briefly, omitting all minor facts and circumstances which do…

2Cited by12 opinions

  1. Mills v. StateCourt of Appeals of Georgia · 1944
  2. Huntsinger v. StateSupreme Court of Georgia · 1945
  3. Whisman v. StateSupreme Court of Georgia · 1965
  4. Shaw v. StateSupreme Court of Georgia · 1878
  5. Kearney v. StateSupreme Court of Georgia · 1897

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