Robinson v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Milner. Whitfield superior court. October term, 1893. George Robinson was convicted of the murder of Russell Powell, and his motion for a new trial was overruled. The following appears from the evidence: On July 24, 1893, a warrant was issued for the arrest of the defendant, by a justice of the peace of Floyd county, upon the affidavit of Sam.
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Indictment for murder. Before Judge Milner. Whitfield superior court. October term, 1893. George Robinson was convicted of the murder of Russell Powell, and his motion for a new trial was overruled. The following appears from the evidence: On July 24, 1893, a warrant was issued for the arrest of the defendant, by a justice of the peace of Floyd county, upon the affidavit of Sam. P. Maddox, charging that on the 22d of that month the defendant committed the offence of assault with intent to murder in Floyd county, by shooting at Joe Brown and other persons unknown. Maddox testified that his…
1Opinion of the Court
Lumpkin, Justice.
1. "Where it is the duty of a sheriff' to arrest one charged with a felony, we know of no law which authorizes this officer to “deputize” a private citizen either to make or assist in making the arrest, and thus constitute the person so “ deputized ” an officer. Under section 4722 of the code, every officer charged with the execution of a penal warrant has the authority to summon to his assistance, either in writing or verbally, any citizen of the county. When citizens are thus summoned by the sheriff', they are, while co-operating with him and acting under his orders, not…
2Cases cited6 opinions
- Drennan v. PeopleMichigan Supreme Court · 1862
- Croom v. StateSupreme Court of Georgia · 1890
- Ramsey v. StateSupreme Court of Georgia · 1893
- Snelling v. StateSupreme Court of Georgia · 1891
- Commonwealth v. FieldMassachusetts Supreme Judicial Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Filarsky v. DeliaSupreme Court of the United States · 2012
- Mejia v. City of New YorkDistrict Court, E.D. New York · 2000
- State v. GoodmanSupreme Court of Missouri · 1970
- Graham v. StateSupreme Court of Georgia · 1915
- Morton v. StateSupreme Court of Georgia · 1940
18 more not listed; retrieve them via the Exa API.