Legal Opinion

Dumas v. State

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 50 opinions

Criminal law. Indictment. Evidence. Jury. Charge of Court. Before Judge Simmons. Pike Superior Court. April Term, 1879. One Obilds and Dumas were jointly indicted for murder. They were tried severally. Childs was found guilty, and recommended to the mercy of the court. Dumas was found guilty.

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Criminal law. Indictment. Evidence. Jury. Charge of Court. Before Judge Simmons. Pike Superior Court. April Term, 1879. One Obilds and Dumas were jointly indicted for murder. They were tried severally. Childs was found guilty, and recommended to the mercy of the court. Dumas was found guilty. He moved for a new trial, on the following, among other grounds: 1. Because the court overruled a demurrer to the indictment based on the ground that there was no allegation that the person killed was in the peace of the state, nor that the defendant was of sound memory and discretion. 2. Because the…

1Opinion of the Court

Jackson, Justice.

A carefully prepared syllabus in this ease renders it unnecessary to elaborate the points wherein the judgment of the court is approved. Comparison of that syllabus with the facts reported will clearly show the judgment on each point. We find but oue error in the entire record, and the trial of this case is- another evidence of the clear head and. strong sense of the able judge who presided.

The error itself on which the new trial is awarded is such that, exeept in a case which involved human life, would hardly suffice to .justify this court in putting the county to. the…

2Cited by50 opinions

  1. Powell v. StateSupreme Court of Georgia · 1897
  2. Owens v. StateSupreme Court of Georgia · 1904
  3. Riley v. StateCourt of Appeals of Georgia · 1907
  4. Fletcher v. StateSupreme Court of Georgia · 1892
  5. Pressley v. StateSupreme Court of Georgia · 1946

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