O'Berry v. State
Supreme Court of Georgia
Indictment for murder. Before Judge ULighsmith. Appling superior court. April 1, 1922. William O’Berry and Onley O’Berry were jointly indicted and tried for the murder of Lee O’Berry. Tlie jury returned a verdict of guilty as to both, and recommended them to the mercy of the- court. A motion for new trial was overruled, and the defendants excepted.
1Opinion of the CourtHill, J.
1. On the trial of one charged with murder, the following material evidence of a witness, with reference to utterances of the deceased after he had been shot, was not inadmissible on the ground that it was merely the conclusion of the witness; it is a statement of fact; to wit: “ Yes, hollered like a man in distress some way, hollered for help, mercy, or something like that. I could not say just positively what I understood him to say, but a distressful hollering.” See Vincent v. State, 153 Ga. 278 (112 S. E. 120); Pride v. State, 133 Ga. 438 (66 S. E. 259).
2. It was not error to allow a…
2Cases cited5 opinions
- Vincent v. StateSupreme Court of Georgia · 1922
- Pride v. StateSupreme Court of Georgia · 1909
- Staten v. StateSupreme Court of Georgia · 1913
- Mathis v. StateSupreme Court of Georgia · 1922
- Taylor v. StateSupreme Court of Georgia · 1909
3Cited by8 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Mills v. StateCourt of Appeals of Georgia · 1944
- Brooks v. StateCourt of Appeals of Georgia · 1937
- Barron v. ChambleeSupreme Court of Georgia · 1945
- Pound v. StateSupreme Court of Georgia · 1935
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