McLane v. State
Supreme Court of Georgia
Indictment for Arson, in Habersham Superior Court. Tried before Judge Dougherty, September Term, 1847. The plaintiff in error, together with one Thomas Heath, Perry Munro.e and William Mince, were indicted at the April Term, 1847, of the Superior Court of Habersham County, for jthe of-fence of Arson.
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Indictment for Arson, in Habersham Superior Court. Tried before Judge Dougherty, September Term, 1847. The plaintiff in error, together with one Thomas Heath, Perry Munro.e and William Mince, were indicted at the April Term, 1847, of the Superior Court of Habersham County, for jthe of-fence of Arson. “ For that the said Thomas Heath, Perry Mun-roe, William Mince and Pinckney McLane, on the 10th day of February, 1842, with force and arms, in the County aforesaid, maliciously, wilfully and feloniously, did set fire to and bum a house, used as a dwelling house, in the night time — the property,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The plaintiff in error excepted to the decision of the Court below, in rejecting the testimony of John Wilkins and Isaac Wilkins, taken by interrogatories and commission, as provided by the Act of 1811, on the part of the plaintiff in error, who was the defendant below.
We think there was no error in the decision of the Court, in rejecting this testimony. The causes contemplated by the Act of 1799 and the Act of 1811, were civil causes, in which the testimony of absent witnesses is authorised to be taken by Commissioners, and not criminal…
2Cited by44 opinions
- Jenkins v. StateSupreme Court of Georgia · 2004
- Kardy v. SHOOK, J.Court of Appeals of Maryland · 1965
- Caldwell v. StateCourt of Appeals of Georgia · 1976
- Taylor v. StateSupreme Court of Georgia · 2019
- Carver v. LouthainIndiana Supreme Court · 1872
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