Partee v. State
Supreme Court of Georgia
Criminal Law. New Trial. Before Judge ERWIN. Clarke Superior Court. May Term, 1881. Partee was indicted for burglary. The testimony for the state showed that a store was burglarized and goods taken therefrom ; also that the defendant confessed having committed the burglary to a fellow prisoner while in jail. A confessed accomplice also gave a detailed history of the entire transaction.
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Criminal Law. New Trial. Before Judge ERWIN. Clarke Superior Court. May Term, 1881. Partee was indicted for burglary. The testimony for the state showed that a store was burglarized and goods taken therefrom ; also that the defendant confessed having committed the burglary to a fellow prisoner while in jail. A confessed accomplice also gave a detailed history of the entire transaction. The defendant sought to prove an alibi, in that he was at a dance on the night of the burglary ; but the testimony showed that the dance occurred near the scene of the crime, and that he was absent from the…
1Opinion of the Court
Jackson, Chief Justice.
The defendant was convicted of burglary and moved for new trial on three grounds, which was refused him by the presiding judge, and he excepted.
1. The first ground is that he proved an alibi, and that the jury fou.nd against the weight of evidence on that *571point. The alibi is not satisfactorily proved by any means. Indeed no effort was made by defendant to prove it; for he offered no proof, but relied on his statement. So far from the state’s witnesses showing an alibi, they prove that he was away from the dancing party two or three hours during the very time the…
2Cases cited2 opinions
- Roberts v. StateSupreme Court of Georgia · 1875
- Brown v. StateSupreme Court of Georgia · 1878
3Cited by15 opinions
- Pope v. StateSupreme Court of Georgia · 1930
- Rewis v. StateCourt of Appeals of Georgia · 1964
- Newman v. StateCourt of Appeals of Georgia · 1940
- Vaughn v. StateCourt of Appeals of Georgia · 1976
- Wade v. StateSupreme Court of Georgia · 1943
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