Legal Opinion

O'Connor v. State

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 11 opinions

Officers. Municipal corporations. Police. Criminal law. Evidence. Before Judge Simmons. Bibb Superior Court. April Term, 1879. To the report contained in the decision it is only necessary to add the following grounds of the motion for new trial: (1). Because the verdict was contrary to law and evi-. dence.

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Officers. Municipal corporations. Police. Criminal law. Evidence. Before Judge Simmons. Bibb Superior Court. April Term, 1879. To the report contained in the decision it is only necessary to add the following grounds of the motion for new trial: (1). Because the verdict was contrary to law and evi-. dence. (2) . Because the court erred in charging as follows: “If you believe, from the evidence, that Franklin had not violated any criminal law of the state or any of the criminal ordinances of the city, then the defendant had no right to arrest him ; and if he did arrest him it was an unlawful…

1Opinion of the Court

Warner, Chief Justice.

The defendant was indicted for the offense of murder, and on his trial therefor was found guilty of involuntary manslaughter in the commission of an unlawful act. A motion was made for a new trial on the various grounds contained therein, which was overruled, and the defendant excepted.

1. 2. It appears from the evidence in the record, that the defendant was a policeman in the city of Macon, and that he arrested the deceased and was taking him to the barracks in said city, that the deceased attempted to escape from him, when defendant struck him on the head with a club,…

2Cases cited1 opinion

  1. Brown v. StateSupreme Court of Georgia · 1878

3Cited by11 opinions

  1. Faulkner v. StateSupreme Court of Georgia · 1928
  2. Holmes v. United StatesCourt of Appeals for the D.C. Circuit · 1926
  3. Underwood v. StateSupreme Court of Georgia · 1891
  4. Wells v. StateCourt of Appeals of Georgia · 1932
  5. Wells v. StateCourt of Appeals of Georgia · 1933

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