Pyle v. State
Court of Appeals of Georgia
Conviction of manslaughter, from Early superior court — Judge Worrill. February 8, 1908. John Pyle was indicted for murder, and was convicted of voluntary manslaughter. His motion for a new trial was overruled, and. the writ of error challenges the correctness of this judgment.
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Conviction of manslaughter, from Early superior court — Judge Worrill. February 8, 1908. John Pyle was indicted for murder, and was convicted of voluntary manslaughter. His motion for a new trial was overruled, and. the writ of error challenges the correctness of this judgment. The motion for a new trial is based upon the general grounds and the following additional assignments of error: (1) That the court* erred in admitting as evidence the paper purporting to be the dying declaration of the deceased, dated April 20, 1906, and signed T. W. Jackson, which is fully set out in the brief of…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. A well-settled rule of practice is not complied with in the first special ground of the motion for a new trial. The written statement objected to as a dying declaration is not literally or in substance set out in the motion, nor is it attached thereto as an exhibit. This court will look alone to the motion for a new trial,_ and what is set out therein and made a part thereof, for the purpose of determining whether the ruling complained of is erroneous. “Under no circumstances can an incomplete ground be made complete by a reference to the brief of…
2Cases cited11 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Mitchell v. StateSupreme Court of Georgia · 1883
- Campbell v. StateSupreme Court of Georgia · 1852
- Gann v. StateSupreme Court of Georgia · 1860
- Spence v. MorrowSupreme Court of Georgia · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Reeves v. StateCourt of Appeals of Georgia · 1918
- Cain v. StateCourt of Appeals of Georgia · 1909
- Weldon v. StateCourt of Appeals of Georgia · 1917
- Smith v. StateSupreme Court of Georgia · 1934
- French v. StateCourt of Appeals of Georgia · 1931
18 more not listed; retrieve them via the Exa API.