Legal Opinion

Harris v. State

Supreme Court of Georgia

Decided March 15, 1911PublishedCited by 5 opinions

Indictment for murder. Before Judge Seabrook. Liberty superior court. December 17, 1910. The defendant was convicted of the murder of Gilbert Williams, and. excepted to the order of the court overruling Ms motion for a new trial. There was testimony in behalf of the State, substantially as follows: Eight or ten men, including the defendant and the deceased, were in a house together. The defendant said: “All of you who got your pistols go to shooting.”

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Indictment for murder. Before Judge Seabrook. Liberty superior court. December 17, 1910. The defendant was convicted of the murder of Gilbert Williams, and. excepted to the order of the court overruling Ms motion for a new trial. There was testimony in behalf of the State, substantially as follows: Eight or ten men, including the defendant and the deceased, were in a house together. The defendant said: “All of you who got your pistols go to shooting.” He then fired his pistol. The ball struck a table, glanced to the ceiling and “came down and struck Tom Giles on the shoulder.” He again fired…

1Opinion of the CourtHolden, J.

1. The evidence did not warrant a charge - upon the subject of involuntary manslaughter, and the failure to charge thereon is not cause for a new trial. Even if the defendant’s statement warranted a charge upon this subject, there was no error requiring a new trial in failing to give it, there being no written request therefor.

2. One assignment of error is as follows: “Because the court erred in charging the following, to wit: ‘Now it has been suggested in the evidence that when this defendant was arrested, that he stated he did not intend to kill the deceased, and you remember what he…

2Cases cited5 opinions

  1. Keller v. StateSupreme Court of Georgia · 1897
  2. Smalls v. StateSupreme Court of Georgia · 1898
  3. Jordan v. StateSupreme Court of Georgia · 1908
  4. Barnes v. StateSupreme Court of Georgia · 1901
  5. Abney v. StateSupreme Court of Georgia · 1895

3Cited by5 opinions

  1. Wilson v. StateSupreme Court of Georgia · 1940
  2. Sims v. StateSupreme Court of Georgia · 1933
  3. Coates v. StateSupreme Court of Georgia · 1941
  4. Pierce v. StateCourt of Appeals of Georgia · 1942
  5. Clark v. StateCourt of Appeals of Georgia · 1921

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