Legal Opinion

Hamilton v. State

Supreme Court of Georgia

Decided December 20, 1907PublishedCited by 27 opinions

Indictment for murder. Before Judge Seabrook. Wayne superior court. September 20, 1907.

1Opinion of the CourtBeck, J.

1. It was not reversible error for the court, in giving- to the jury a charge requested by defendant’s counsel, to state that it was given by request. The better practice, however, would be for the court, under such circumstances, to omit any reference to the fact that counsel had requested the charge. Comer v. Allen, 72 Ga. 1.

2. There being evidence from which the jury might have found that the. accused shot at Owens, but killed Robinson, it was not error for the court to charge as follows: “It would make no difference, gentlemen of the jury, whether the deceased was the man he really…

2Cases cited3 opinions

  1. Charlon v. StateSupreme Court of Georgia · 1899
  2. Smith v. StateSupreme Court of Georgia · 1905
  3. Battle v. StateSupreme Court of Georgia · 1898

3Cited by27 opinions

  1. Myrick v. StateSupreme Court of Georgia · 1945
  2. Weatherby v. StateSupreme Court of Georgia · 1957
  3. Ford v. StateSupreme Court of Georgia · 1998
  4. Josey v. StateSupreme Court of Georgia · 1943
  5. State v. FlathersSouth Dakota Supreme Court · 1930

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