Kirk v. State
Supreme Court of Georgia
Evidence. Criminal Law. Jury and Jurors. Practice in Supreme Court. Presumptions. Bes gestee. Newly Discovered Evidence. Before Judge Branham. Polk Superior Court. February Adjourned Term, 1884. In this case, the charge of the court and the decision sufficiently report the points made.
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Evidence. Criminal Law. Jury and Jurors. Practice in Supreme Court. Presumptions. Bes gestee. Newly Discovered Evidence. Before Judge Branham. Polk Superior Court. February Adjourned Term, 1884. In this case, the charge of the court and the decision sufficiently report the points made. The charge was as follows: “ Gentlemen of the Jury — Under our Code, the punishment of a person convicted of murder shall be depth, but may be confinement in the penitentiary for life in the following cases: If the jury trying the case shall so recommend, or if the conviction is founded solely on circumstantial…
1Opinion of the Court
Hall, Justice.
George Kirk was indicted, tried and found guilty of the murder of Hick Ratchford, at the August adjourned term, 1883, of Polk superior court, and was sentenced to imprisonment in the penitentiary for life, in accordance with the recommendation of the jury that passed upon his case. He made a motion for a new trial on various grounds, which was overruled, and the case is here upon a bill of exceptions and writ of error, to review the judgment overruling this motion.
1. We cannot say, after a careful review of this testimony and an able and exhaustive argument upon the question,…
2Cases cited4 opinions
- Augusta Factory v. BarnesSupreme Court of Georgia · 1884
- Hall v. StateSupreme Court of Georgia · 1880
- McDonald v. StateSupreme Court of Georgia · 1884
- McRae v. AdamsSupreme Court of Georgia · 1867
3Cited by26 opinions
- Commonwealth v. HarrisSupreme Court of Pennsylvania · 1945
- Hannah v. StateSupreme Court of Georgia · 1956
- Thacker v. StateSupreme Court of Georgia · 1970
- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
- Hansen v. OwensSupreme Court of Georgia · 1909
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