Cargile v. State
Supreme Court of Georgia
Indictment for murder’. Before Judge Lewis. Jasper superior court. October 19, 1910. The defendant was convicted of the murder of Ide Price, and to the order of thé court overruling his motion for a new trial he' excepted. The evidence in behalf of the State, delivered upon the trial, was substantially as follows: W. F. Malone testified that at the time of the homicide he was at his son’s store, about 53 steps from the place where Price was killed.
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Indictment for murder’. Before Judge Lewis. Jasper superior court. October 19, 1910. The defendant was convicted of the murder of Ide Price, and to the order of thé court overruling his motion for a new trial he' excepted. The evidence in behalf of the State, delivered upon the trial, was substantially as follows: W. F. Malone testified that at the time of the homicide he was at his son’s store, about 53 steps from the place where Price was killed. A short time before the homicide occurred, a Mr. Kelly was standing outside of the store, leaning in the window. The defendant “jerked a pistol…
1Opinion of the CourtHolden, J.
1. The evidence did not warrant a charge upon the subject of voluntary manslaughter; and even if the statement of the defendant warranted a charge upon this subject, there was no error requiring a new trial in failing to give it, there being no written request for such a charge. There is, therefore, no merit in the assignment of error that the court failed to charge upon the subject of voluntary manslaughter, or that the court erred in charging, “There are two questions to determine in this case: Did the defendant shoot and kill the person alleged to have been killed, as charged in the…
2Cases cited2 opinions
- McDuffie v. StateSupreme Court of Georgia · 1893
- Smith v. SmithSupreme Court of Georgia · 1903
3Cited by6 opinions
- Wrisper v. StateSupreme Court of Georgia · 1941
- Hicks v. StateCourt of Appeals of Georgia · 1942
- Pitts v. StateSupreme Court of Georgia · 1944
- Smith v. StateSupreme Court of Georgia · 1918
- Morris v. StateSupreme Court of Georgia · 1933
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