Legal Opinion

John v. State

Supreme Court of Georgia

Decided May 15, 1862PublishedCited by 18 opinions

Murder1, in Baldwin Superior Court. Tried before Judge Harris, at February Term, 1862. At February Term, 1862, of Baldwin Superior Court, John, a slave, the property of L. D. Buckner, was put upon his trial on an indictment, found at the same term, charging him with the murder of a slave, Jackson, the property of Miss Maria MacDonald.

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Murder1, in Baldwin Superior Court. Tried before Judge Harris, at February Term, 1862. At February Term, 1862, of Baldwin Superior Court, John, a slave, the property of L. D. Buckner, was put upon his trial on an indictment, found at the same term, charging him with the murder of a slave, Jackson, the property of Miss Maria MacDonald. The State introduced the following testimony : William M. Stephens testifies: I know prisoner; saw him on the evening of the 8th September, fifteen minutes after sunset, or later; saw both prisoner and deceased at Finnegan’s branch, about two and half miles from…

1Opinion of the Court

By the Court —

Lumpkin, J., delivering the opinion.

In this case, the fact that the deceased came to his death by violence inflicted by a third person, and that the homicide was malicious, is not disputed. And the only question is, who committed the crime ? And the answer to this question depends upon circumstantial evidence, there being no direct proof of the guilt of the prisoner. This embraces a wide range of enquiry.

It has been well remarked, that very few crimes of great enormity, and involving a resort to violence in their perpetration, can be committed without leaving such traces in the…

2Cited by18 opinions

  1. Eason v. StateSupreme Court of Georgia · 1962
  2. Pedigo v. Celanese Corp. of AmericaSupreme Court of Georgia · 1949
  3. Barnard v. StateSupreme Court of Georgia · 1904
  4. Holmes v. StateSupreme Court of Georgia · 1942
  5. Floyd v. StateCourt of Appeals of Georgia · 1938

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