Hammack v. State
Supreme Court of Georgia
Criminal law. Evidence. Charge of court. Witness. Accomplice. New trial: Before Judge Kiddoo. Quitman Superior Court. November Adjourned Term, 1873. These two cases were argued and determined together. Robert E. Hammaek and John Hammaek were placed on trial for the offense of arson, alleged to have been committed upon the property of Nancy Thomas, on November 15th, 1873. The former was charged with burning a corn-crib, and the latter a cotton-house.
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Criminal law. Evidence. Charge of court. Witness. Accomplice. New trial: Before Judge Kiddoo. Quitman Superior Court. November Adjourned Term, 1873. These two cases were argued and determined together. Robert E. Hammaek and John Hammaek were placed on trial for the offense of arson, alleged to have been committed upon the property of Nancy Thomas, on November 15th, 1873. The former was charged with burning a corn-crib, and the latter a cotton-house. Both defendants pleaded not guilty. The evidence presented the following facts: The defendants lived about one-half mile from the property…
1Opinion of the Court
McCay, Judge.
1. In a case of this kind the feelings of the prisoner towards the owner of the property, and especially anything like threats that such owner would suffer a wrong, are certainly not only not irrelevant to the issue, but material evidence. If a crime is committed in secret, in any community, the mind of every man reverts to the enemies of the injured person; and though such enmity is no evidence of crime, yet it may form one of the circumstances to be taken into account. *403And in this view of the matter, it is not very material who is to blame for the anger. It may strengthen the…
2Cited by6 opinions
- Williams v. StateSupreme Court of Georgia · 1882
- Baker v. StateCourt of Appeals of Georgia · 1914
- State v. BoykinIdaho Supreme Court · 1925
- Wright v. StateCourt of Appeals of Georgia · 1966
- Sevier v. StateCourt of Appeals of Georgia · 1915
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