Matthews v. State
Supreme Court of Georgia
Criminal law. Burglary. Evidence. New trial. Before Judge Lumpkin. Madison superior court. March term, 1890. Joe Matthews was indicted for burglary. The testimony for the State tended to show that the store of one Phillips was broken open on March 6th, 1887, about ten or eleven o’clock at night. So far as was known nothing was stolen. Phillips heat’d a noise at the store, and went out and saw a black man about the size of defendant; could not say who it was.
Read the full summary
Criminal law. Burglary. Evidence. New trial. Before Judge Lumpkin. Madison superior court. March term, 1890. Joe Matthews was indicted for burglary. The testimony for the State tended to show that the store of one Phillips was broken open on March 6th, 1887, about ten or eleven o’clock at night. So far as was known nothing was stolen. Phillips heat’d a noise at the store, and went out and saw a black man about the size of defendant; could not say who it was. The man ran and Phillips after him about a quarter of a .mile. When the man came out of the store he shot at Phillips, and Phillips…
1Opinion of the Court
Bleckley, Chief Justice.
1. All the facts requisite to constitute the offence of burglary were established beyond the possibility of question, and the whole contest was as to the identity of the burglar. We cannot escape a feeling of apprehension that some mistake may have been made as to. whether Matthews was really the person who committed the crime; but there was moonlight, and Mrs.^ Phillips testified positively to his identity. Her evidence was strengthened somewhat by that of a negro woman who was present and who, as well as Mrs. Phillips, recognized Matthews at the time. A strange fact…
2Cited by3 opinions
- Thompson v. StateCourt of Appeals of Georgia · 1947
- Sims v. StateCourt of Appeals of Georgia · 1962
- Minor v. StateCourt of Appeals of Georgia · 1973