Legal Opinion

Hendricks v. State

Supreme Court of Georgia

Decided January 21, 1885PublishedCited by 10 opinions

Criminal Law. Statement of Prisoner. Charge of Court. New Trial. Assault with Intent to Murder. Assault. Evidence. Yerdict. Before Judge Hammond. Fulton Superior Court. March Term, 1884. Samuel Hendricks was indicted for assault with intent to murder, committed on Miss Blanche Budden.

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Criminal Law. Statement of Prisoner. Charge of Court. New Trial. Assault with Intent to Murder. Assault. Evidence. Yerdict. Before Judge Hammond. Fulton Superior Court. March Term, 1884. Samuel Hendricks was indicted for assault with intent to murder, committed on Miss Blanche Budden. The evidence for the state was, in brief, as follows: Hendricks was a married man, but had .been visiting Miss Budden; •and they agreed that when he should obtain a divorce, they ■would be married. Her father, learning that he was married, and that his habits were bad, objected to his coming to the house, and…

1Opinion of the Court

Hall, Justice.

All of tbe grounds of tbe motion for a new trial were properly abandoned, upon tbe hearing before this court, except the 4th, 8th and 15th.

1. The fourth ground complains of the judge’s charge in relation to the force and effect of ihe prisoner’s statement as evidence. After instructing the jury that this statement should have such force only as they might see proper to give it, but that, although it was not made under oath, they might believe it in preference to the sworn testimony in the case (Code, §4637), he added, that it was proper to call attention to the fact that the…

2Cases cited3 opinions

  1. Wilson v. StateSupreme Court of Georgia · 1882
  2. Jones v. StateSupreme Court of Georgia · 1880
  3. Poppell v. StateSupreme Court of Georgia · 1883

3Cited by10 opinions

  1. Emmett v. StateSupreme Court of Georgia · 1943
  2. Taylor v. StateSupreme Court of Georgia · 1909
  3. Robinson v. StateSupreme Court of Georgia · 1890
  4. Klug v. StateSupreme Court of Georgia · 1886
  5. Morgan v. StateSupreme Court of Georgia · 1904

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