Smith v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Rawlings. Washington •■superior court. July 31, 1905. The plaintiff in error, Fed Smith, was indicted for murder, the indictment charging him with shooting one Pete Street. When the case was called for trial, the solicitor-general announced that he had ascertained that the name of the person killed was Pete Threat, and proposed to nolle pros, the indictment and draw another charging the accused with the murder of Pete Threat.
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Indictment for murder. Before Judge Rawlings. Washington •■superior court. July 31, 1905. The plaintiff in error, Fed Smith, was indicted for murder, the indictment charging him with shooting one Pete Street. When the case was called for trial, the solicitor-general announced that he had ascertained that the name of the person killed was Pete Threat, and proposed to nolle pros, the indictment and draw another charging the accused with the murder of Pete Threat. Thereupon coun-isel for the accused waived the “seeming defect in the indictment on that account and agreed to go to trial waiving…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. In view of the evidence upon which the State relied for a conviction, the court very properly charged the jury that should they find the accused fired a pistol into a crowd of persons engaged in a difficulty in a house where a dance was going on, and the shot struck a person and killed him, notwithstanding the accused may have fired at no particular person, but fired for some reason of his own to’ stop the difficulty, recklessly and without regard to human life and with a disregard as to whom he should kill, the shooting would be an unlawful one, and he would be…
2Cases cited3 opinions
- Carr v. StateSupreme Court of Georgia · 1890
- McDuffie v. StateSupreme Court of Georgia · 1893
- Cook v. StateSupreme Court of Georgia · 1893
3Cited by14 opinions
- Lewis v. StateSupreme Court of Georgia · 1943
- Gravitt v. StateSupreme Court of Georgia · 1965
- Myrick v. StateSupreme Court of Georgia · 1945
- Geer v. StateSupreme Court of Georgia · 1937
- Hamilton v. StateSupreme Court of Georgia · 1907
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