McBeth v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Bartlett. Haralson superior court. March 23, 1905. > Adolphus McBeth was tried for the murder of Henry Vaughn. The homicide occurred on Christmas night, near the house’of Jim Camraond. There was a “ frolic ” at the house that night. The deceased accompanied one Lula Washington, a married woman, and arrived at the party in advance of.the defendant.
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Indictment for murder. Before Judge Bartlett. Haralson superior court. March 23, 1905. > Adolphus McBeth was tried for the murder of Henry Vaughn. The homicide occurred on Christmas night, near the house’of Jim Camraond. There was a “ frolic ” at the house that night. The deceased accompanied one Lula Washington, a married woman, and arrived at the party in advance of.the defendant. The deceased carried a Winchester rifle, and the defendant carried a double-barreled breech-loading shotgun. • From the witnesses who testified in behalf of the State (most of whom were near .relatives) it…
1Opinion of the CourtEvans, J.
(After stating the facts.) The jury could have drawn the inference, from the evidence of the prosecution, that the deceased was called out of the house and deliberately shot down. If this was the truth of the case, the homicide would be murder. On the other hand, if the statement of the .defendant truly presented the history of the occurrence, the homicide was justifiable. There was nothing in the evidence to support a theory of mutual combat or that the homicide was the result of a heat of passion. The offense of voluntary manslaughter was not involved, and neither the evidence nor the…
2Cases cited2 opinions
- Berry v. StateSupreme Court of Georgia · 1905
- Tolbirt v. StateSupreme Court of Georgia · 1904
3Cited by13 opinions
- Claybourn v. StateSupreme Court of Georgia · 1940
- James v. StateSupreme Court of Georgia · 1905
- King v. LewisSupreme Court of Georgia · 1939
- Lightsy v. StateCourt of Appeals of Georgia · 1907
- Williams v. RENTZ BANKING COMPANYCourt of Appeals of Georgia · 1965
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