Georgia v. O'Grady
U.S. Circuit Court for the Northern District of Georgia
Trial of an indictment for murder. In January, 1S76, three United States soldiers. belonging to the garrison in Atlanta, Ga., were arrested in Gilmer county, Ga., under state process, for the alleged murder of one John Emory, a citizen of that county. After examination by the magistrates, they were committed to prison to await trial.
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Trial of an indictment for murder. In January, 1S76, three United States soldiers. belonging to the garrison in Atlanta, Ga., were arrested in Gilmer county, Ga., under state process, for the alleged murder of one John Emory, a citizen of that county. After examination by the magistrates, they were committed to prison to await trial. They then petitioned the circuit court of the United States, for the Northern district of Georgia, the district which includes Gilmer county, for the removal of the cause into that court by the writ of habeas corpus cum causa, under the provisions of section 643…
1Opinion of the CourtWoods, Circuit Judge
(charging jury). Though this case is tried in a court of the United States, it is to be determined by the law of Georgia, and you are to decide whether, under the law, O’Grady is guilty or not of the crime of murder, with which the indictment charges him. Murder is defined by the Code of Georgia as “the unlawful killing of a human being, in the peace of the state, by a person of sound memory and discretion, with malice aforethought, either express or implied.” Attention has been called in the argument of counsel to another species of homicide —manslaughter, which is defined in the same Code…
2Cited by5 opinions
- Gay v. RuffSupreme Court of the United States · 1934
- State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
- Georgia v. BoltonDistrict Court, N.D. Georgia · 1882
- State v. CollinsDistrict Court, S.D. Texas · 1935
- Commonwealth v. LitchfieldDelaware County Court of Quarter Sessions · 1929