John v. State
Supreme Court of Georgia
Indictment for murder, in Bibb Superior Court. Tried before Judge Powers, November Term, 1853. The defendant, John, was indicted for the murder of Mart Swinney. Eor the State, Eardy Swinney, the father of deceased, testified to the facts of the murder.
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Indictment for murder, in Bibb Superior Court. Tried before Judge Powers, November Term, 1853. The defendant, John, was indicted for the murder of Mart Swinney. Eor the State, Eardy Swinney, the father of deceased, testified to the facts of the murder. The defendant’s Counsel, when the State had closed, moved for-a verdict of acquittal, on the ground that the indictment did not disclose the status or condition of the deceased; that is, did not state whether he was a free white person, or a slave, or free negro, or an Indian. The motion was refused, which is alleged as error. Several witnesses…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] As it respects the supposed defect in the indictment, our opinion is, that it means a free white man, and no one m-.e. Everyone, whether bond or free, who is indicted for i-.i-'-ng another in this State, is, in legal contemplation, indict< <i tot-killing a free white man. And, under this indictment, ¡.C*202cused could not have been put upon his trial for the Mlling of a slave or free person of color. If the Mlling is within one of the exceptional cases, the indictment should so state it.
[2.] We have often, of late, had this objection as to a…
2Cited by5 opinions
- Davis v. StateCourt of Appeals of Georgia · 1972
- Mobley v. StateSupreme Court of Georgia · 1966
- Sims v. StateCourt of Appeals of Georgia · 1915
- Hicks v. StateSupreme Court of Georgia · 1906
- Burt v. StateSupreme Court of Alabama · 1866