Westmoreland v. State
Supreme Court of Georgia
Criminal Law. Jurors. Evidence. 'Insanity. Tried before Judge Hopkins. Fulton Superior Court. April Term, 1871. Westmoreland was charged with an assault with intent to murder O. L. Red wine, by shooting him with a gun. He pleaded not guilty. While the jury was being impanneled a person was presented, and, upon examination, answered as follows: Question.
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Criminal Law. Jurors. Evidence. 'Insanity. Tried before Judge Hopkins. Fulton Superior Court. April Term, 1871. Westmoreland was charged with an assault with intent to murder O. L. Red wine, by shooting him with a gun. He pleaded not guilty. While the jury was being impanneled a person was presented, and, upon examination, answered as follows: Question. “Have you, from having seen the crime committed, or having heard any of the testimony delivered upon oath, formed and expressed any opinion as to the guilt or innocence of the person at the bar?” Answer. “No; but I have formed and expressed an…
1Opinion of the Court
Montgomery, Judge.
The leading features in this case present a striking similarity to those of Choice against the State, 31 Georgia, 424. In each case the prisoner takes mortal offense at an act towards himself done by his victim, which the latter was perfectly justified in doing. In each the prisoner is a man of dissipated habits; drinks, and broods over his imaginary wrong until he works himself up to the point of shooting down a man walking peaceably along the streets of Atlanta at the time. In each, after the commission of the crime, the attempt is made to screen the offender from…
2Cases cited4 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Monroe v. StateSupreme Court of Georgia · 1848
- Bishop v. StateSupreme Court of Georgia · 1850
- Mercer v. StateSupreme Court of Georgia · 1855
3Cited by24 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Doyal v. StateSupreme Court of Georgia · 1883
- Wilburn v. StateSupreme Court of Georgia · 1914
- Woolfolk v. StateSupreme Court of Georgia · 1890
- People v. ChuckCalifornia Supreme Court · 1889
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