Biggs v. State
Supreme Court of Georgia
Indictment, in Richmond Superior Court. Tried before Judge Hoi-t, at October Term, 1859. The plaintiff in error was indicted in the Court below, for an assault with intent to murder. There was also a count for shooting at another, not in his own defence, contrary to the statute in such cases made and provided.
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Indictment, in Richmond Superior Court. Tried before Judge Hoi-t, at October Term, 1859. The plaintiff in error was indicted in the Court below, for an assault with intent to murder. There was also a count for shooting at another, not in his own defence, contrary to the statute in such cases made and provided. The cause was submitted, under the testimony and charge of the Court, to the jury, who found the defendant guilty under the second count in the indictment, with a recommendation to the mercy of the Court. Whereupon, defendant’s counsel moved for a new trial upon the following grounds:…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
[1.] Ought the testimony of George A. Oates, as to the general character of Mrs; Biggs for virtue and chastity, to have been rejected ?
Her reputation in this respect had been implicated both by the conduct and evidence of Eleazer M. Parish. And if she was the woman he took her to be, the conduct of her husband would have been less justifiable in resorting to the means he did, to rescue and protect her from insult and importunity.» We hold, therefore, that the proof should have been received.
[2.] The 9th charge given by the presiding Judge to the…
2Cited by29 opinions
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- Coart v. StateSupreme Court of Georgia · 1923
- Ellison v. StateSupreme Court of Georgia · 1911
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