Flanegan v. State
Supreme Court of Georgia
Criminal law. Charge of Court. Evidence. lies gestee. New trial. Jurors. Before Judge Crawford. Marion Superior Court. April Term, 1879. The following, in connection with the opinion, sufficiently reports this case: Elanegan, as principal in the first degree, and two others, as principals in the second degree, were indicted for the ranrder of one Tullís.
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Criminal law. Charge of Court. Evidence. lies gestee. New trial. Jurors. Before Judge Crawford. Marion Superior Court. April Term, 1879. The following, in connection with the opinion, sufficiently reports this case: Elanegan, as principal in the first degree, and two others, as principals in the second degree, were indicted for the ranrder of one Tullís. The evidence on the trial of Elanegan was, in brief, as follows: At a party which took place at the house of a Mr. Gordon, Tullis wanted a fiddle which Flanegan had, and refused to give up; after playing awhile, he went out to the front of…
1Opinion of the Court
Jackson, Justice.
The defendant was indicted for murder and found guilty of voluntary manslaughter; a new trial was denied him, and he excepted.
1. After a very mature consideration of this case, we have concluded to grant a new trial on the ground that the court erred in one material point in the charge to the jury. It appears from the i’ecord that Gunnels, a witness for the state, in answer to cross-questions, said that he did not say just after he pulled the accused from the deceased or jerked his hand back from striking him, or within a moment or two thereafter, “ where’s the God damned…
2Cases cited8 opinions
- Mitchum v. StateSupreme Court of Georgia · 1852
- Epps v. StateSupreme Court of Georgia · 1855
- Hoye v. StateSupreme Court of Georgia · 1869
- Arwood v. StateSupreme Court of Georgia · 1877
- Burtine v. StateSupreme Court of Georgia · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Styles v. StateSupreme Court of Georgia · 1907
- Stone v. StateCourt of Criminal Appeals of Texas · 1924
- Sligh v. StateSupreme Court of Georgia · 1930
- State v. McCourry.Supreme Court of North Carolina · 1901
- Johnson v. StateSupreme Court of Georgia · 1939
2 more not listed; retrieve them via the Exa API.