McDuffie v. State
Supreme Court of Georgia
Conviction of manslaughter. Before Judge Parker. Wilcox ■superior court. October 22, 1904. Ashley McDuffie was charged with the murder of John Blue, and found guilty of voluntary manslaughter. He made a motion for a new trial, which was overruled, and he excepted. While the killing was admitted, the evidence was sharply conflicting as to the circumstances attending the homicide.
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Conviction of manslaughter. Before Judge Parker. Wilcox ■superior court. October 22, 1904. Ashley McDuffie was charged with the murder of John Blue, and found guilty of voluntary manslaughter. He made a motion for a new trial, which was overruled, and he excepted. While the killing was admitted, the evidence was sharply conflicting as to the circumstances attending the homicide. For the State there was evidence tending to show that Blue was marshal of Pineview; that, hearing firing of pistols in the corporate limits, he went towards the place where the shots were fired, and met McDuffie…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. The Penal Code (§§ 885, 332) recognizes marshals as peace officers. Under the principle embodied in the Political Code, § 223, and the Civil Code, § 5168, it was held in Robinson v. State, 82 Ga. 535, and in Garrett v. State, 89 Ga. 446, that a de facto marshal stands upon the same footing, as to the right to make an arrest, as one regularly appointed. In the present case, while his commission was not produced, it appeared from all the evidence that Blue was marshal — was accustomed to make arrests, and that such fact was well known to McDuffie.
2. The…
2Cases cited7 opinions
- Andrews v. StateSupreme Court of Georgia · 1903
- Bishop v. StateSupreme Court of Georgia · 1850
- Daniel v. StateSupreme Court of Georgia · 1897
- Robinson v. StateSupreme Court of Georgia · 1889
- People v. ClevelandMichigan Supreme Court · 1895
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3Cited by22 opinions
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- Collins v. StateCourt of Appeals of Georgia · 1989
- Christine Hunter and Barbara Jean Mims v. George A. Clardy, Kenneth F. CopelandCourt of Appeals for the Fifth Circuit · 1977
- Marcuchi v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
- Jackson v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1913
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