Legal Opinion

Thomas v. State

Supreme Court of Georgia

Decided November 6, 1883PublishedCited by 19 opinions

< Criminal “Law. Murder. Indictment. Pleadings. Waiver. 'Before - Judge Harris. Campbell Superior Court. PebruarylTeriq, 1888. •John Thomas -was indicted for the murder of Lindsey Weaver. The body of the indictment is set out in the decision. The evidence for the state showed, in brief, the following facts : On December 25, 1882, defendant was drunk; he rubbed against Weaver, cursed him, and seemed determined to have a difficulty with him.

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< Criminal “Law. Murder. Indictment. Pleadings. Waiver. 'Before - Judge Harris. Campbell Superior Court. PebruarylTeriq, 1888. •John Thomas -was indicted for the murder of Lindsey Weaver. The body of the indictment is set out in the decision. The evidence for the state showed, in brief, the following facts : On December 25, 1882, defendant was drunk; he rubbed against Weaver, cursed him, and seemed determined to have a difficulty with him. Weaver pushed him off and tried to get rid of him, but defendant persisting, Weaver slapped him; some one pulled defendant away, and Weaver went down the…

1Opinion of the Court

Jackson, Chief Justice.

The indictment is in the following words, after the usual heading of the county and state and names of the grand jurors:

“lathe name and behalf of the citizens of Georgia, charge and accuse John Thomas, of the county and state- aforesaid, with the offence of murder; for'that the said John Thomas, in the county aforesaid, on the 25th day of December, in the year of our Lord eighteen hundred and eighty-two, with force and arms did, unlawfully and with malice aforethought, - kill one'Lindsey "Weaver, by shooting the said Lindsey Weaver in the breast with a pistol,…

2Cases cited4 opinions

  1. Sarah v. StateSupreme Court of Georgia · 1859
  2. Dumas v. StateSupreme Court of Georgia · 1879
  3. Wingard v. StateSupreme Court of Georgia · 1853
  4. Wood v. StateSupreme Court of Georgia · 1872

3Cited by19 opinions

  1. Miller v. StateSupreme Court of Georgia · 1968
  2. Lyles v. StateSupreme Court of Georgia · 1959
  3. Peppers v. BalkcomSupreme Court of Georgia · 1963
  4. Bryant v. StateSupreme Court of Georgia · 1968
  5. Garmon v. StateSupreme Court of Georgia · 1964

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