Evans v. State
Supreme Court of Georgia
Indictment for murder, in Miller Superior Court, tried before Judge William C. Perkins, at April Term, 1861. The facts and circumstances attending the homicide in this case, as shown by the testimony, are substantially as follows: Redding Evans, the accused, was the reputed son of one Dolly Evans, who was generally known and regarded as a free person of color — a mulatto, half black and half white; the defendant lived with, and called Dolly IjCvans mother, when he was a boy,…
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Indictment for murder, in Miller Superior Court, tried before Judge William C. Perkins, at April Term, 1861. The facts and circumstances attending the homicide in this case, as shown by the testimony, are substantially as follows: Redding Evans, the accused, was the reputed son of one Dolly Evans, who was generally known and regarded as a free person of color — a mulatto, half black and half white; the defendant lived with, and called Dolly IjCvans mother, when he was a boy, but had been known to deny that she was his mother; James Smith, the deceased, wras a married man, but at the time of…
1Opinion of the Court
By the Court —
Jenkins, J., delivering the opinion.
After verdict in the Court below, the plaintiff in error moved for a new trial, on several grounds, as set forth in the statement. The first and second grounds will be considered together, because the correctness of the verdict must be determined by applying- the law to the facts in evidence.
There can be no doubt that the deceased came to his death by Avounds inflicted by the plaintiff in error, Avith intent to kill him. The justification rests upon the alleged necessity imposed upon the plaintiff in error, to kill the deceased in order to…
2Cited by5 opinions
- Hart v. StateSupreme Court of Georgia · 1971
- Terrell v. CommonwealthCourt of Appeals of Kentucky · 1877
- Pierce v. StateSupreme Court of Georgia · 1909
- Chestnut v. StateSupreme Court of Georgia · 1900
- Cox v. StateCourt of Appeals of Georgia · 1917