Legal Opinion

McKenzie v. State

Court of Appeals of Georgia

Decided December 15, 1921No. 12886PublishedCited by 7 opinions

Conviction of manslaughter; from Effingham superior court — Judge Strange. August 23, 1921. As to the stenographer’s testimony referred to in the first paragraph of the decision, the motion for a new trial says: " It is admitted, and the witness so stated, that this testimony was taken down by him and was at his home or office at Statesboro, in the adjoining county of Bulloch, and was in existence and in writing, and could have been sent for.

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Conviction of manslaughter; from Effingham superior court — Judge Strange. August 23, 1921. As to the stenographer’s testimony referred to in the first paragraph of the decision, the motion for a new trial says: " It is admitted, and the witness so stated, that this testimony was taken down by him and was at his home or office at Statesboro, in the adjoining county of Bulloch, and was in existence and in writing, and could have been sent for. Movant objected to the admission of said testimony at the time the same was offered, and then and there did urge the following ground of objection, tp…

1Opinion of the CourtBloodworth, J.

1. Under the particular facts of this case, the court, as against the objections urged thereto, did not err in allowing F. B. Thigpen, the stenographer who reported the testimony on the trial of Frank McKenzie, who was jointly indicted with the defendant, to testify as follows: “ I reported the testimony on the former trial of this case, when Frank McKenzie was tried. I heard the testimony of W. J. McKenzie. I recall what W. J. McKenzie said about putting a pistol in his buggy. It is my recollection that Mr. McKenzie, after having stated that he had been attacked on a night previous to that,…

2Cases cited18 opinions

  1. Smith v. StateSupreme Court of Georgia · 1918
  2. Fouraker v. StateCourt of Appeals of Georgia · 1908
  3. Atlantic Coast Line Railroad v. JonesSupreme Court of Georgia · 1909
  4. Georgia Railroad v. ThomasSupreme Court of Georgia · 1885
  5. Stapleton v. StateCourt of Appeals of Georgia · 1916

13 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Taylor v. StateSupreme Court of Georgia · 1923
  2. Johnson v. CookCourt of Appeals of Georgia · 1971
  3. Murray v. StateCourt of Appeals of Georgia · 1923
  4. Murray v. StateCourt of Appeals of Georgia · 1923
  5. Edwards v. StateCourt of Appeals of Georgia · 1982

2 more not listed; retrieve them via the Exa API.

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