Caruthes v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Smith. Pulaski superior court. November term, 1894. Prank Caruthes was found guilty of the murder of Thomas L. Caruthes. It appears from the evidence, that on the night of May 19, 1894, defendant was standing in a bar-room, talking with Joe Hendley, and picking or whittling with the larger blade of a pocket-knife on the top of a railing against which he was leaning.
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Indictment for murder. Before Judge Smith. Pulaski superior court. November term, 1894. Prank Caruthes was found guilty of the murder of Thomas L. Caruthes. It appears from the evidence, that on the night of May 19, 1894, defendant was standing in a bar-room, talking with Joe Hendley, and picking or whittling with the larger blade of a pocket-knife on the top of a railing against which he was leaning. He had been talking about some trouble he was i-n with regard to gambling, etc., and as if he were angry; but had not spoken of deceased. Deceased came in with two ax-handles m hand, and asked…
1Opinion of the Court
Lumpkin, Justice.
The accused was convicted of murder, and sentenced to be executed. - He moved for a new trial on numerous grounds. We have not very closely scrutinized the special grounds of the motion, because, after a careful and anxious study of the evidence, we have reached the conclusion that there should be a new trial upon the substantial merits of the case. The evidence will appear in the reporter’s statement. It does not, in our opinion, make 'a case of murder. In no view of it could the killing amount to more-than voluntary manslaughter. Taking the evidence most strongly against…
2Cases cited1 opinion
- Gann v. StateSupreme Court of Georgia · 1860
3Cited by8 opinions
- Johnson v. StateSupreme Court of Georgia · 1931
- Brannon v. StateSupreme Court of Georgia · 1939
- Hart v. StateSupreme Court of Georgia · 1910
- Askins v. StateSupreme Court of Georgia · 1954
- Daniels v. StateSupreme Court of Georgia · 1924
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