Fundy v. State
Supreme Court of Georgia
Murder, in Gwinnett Superior Court. Tried before Judge Hutchins, November, 1859. The plaintiff in error, John Fundy, was indicted for the murder of Hardin Colson, and pleaded not guilty. The following is a brief of the evidence introduced on the trial: Testimony for The State.
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Murder, in Gwinnett Superior Court. Tried before Judge Hutchins, November, 1859. The plaintiff in error, John Fundy, was indicted for the murder of Hardin Colson, and pleaded not guilty. The following is a brief of the evidence introduced on the trial: Testimony for The State. John Dunbar was present at the fight; deceased was in the room, together with some others, about to take a drink, and defendant came in and deceased asked defendant to drink with him; defendant made a short reply and refused, and then remarked to witness, he never was-so insulted in his life, and witness asked him why?…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The whole theory of murder in this case rested upon the fact that the prisoner had an intent to kill the deceased before the fight commenced. The opinion of O’Shields, therefore, that he had such an intent, was very material evidence. It tended to hurt the prisoner, because it bore directly upon the point to be established against him. It was not legal evidence, not because such an intention was an improper fact to be proven, but because the mere opinion of a witness, expressed, not on the stand under oath, but reported by him on the stand…
2Cited by5 opinions
- Jones v. StateCourt of Appeals of Georgia · 1947
- Henderson v. StateSupreme Court of Georgia · 1954
- Lester v. StateCourt of Appeals of Georgia · 1947
- Crawford v. ScottSupreme Court of Georgia · 1912
- Henderson v. StateSupreme Court of Georgia · 1954