Chelsey v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Freeman. Troup superior court. September 5, 1904. The indictment against Young Chelsey charged that he unlawfully, wilfully, feloniously, and with malice aforethought did make an assault upon Arthur McKamie by putting “ rough on rats,” an arsenic poison, in sufficient quantities to produce death, into a sack of flour, with the intention and for the purpose of having the same cooked into bread, presented to and eaten by said Arthur; that…
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Indictment for murder. Before Judge Freeman. Troup superior court. September 5, 1904. The indictment against Young Chelsey charged that he unlawfully, wilfully, feloniously, and with malice aforethought did make an assault upon Arthur McKamie by putting “ rough on rats,” an arsenic poison, in sufficient quantities to produce death, into a sack of flour, with the intention and for the purpose of having the same cooked into bread, presented to and eaten by said Arthur; that the same was so cooked and presented, and was eaten by said Arthur, and from its effects he died. The defendant demurred…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) There are many decisions construing indictments for murder as defined by modern statutes, in which it is held essential to charge an intent to kill. But this grows out of the fact that, under these statutes, murder in the first degree is limited to cases where the killing is with deliberate and premeditated malice. But these rulings do not apply to indictments under the Penal Code, § 60, and at common law, where the killing is murder if the malice aforethought is implied, as well as to cases where the malice is express. The allegation that the act was done…
2Cases cited7 opinions
- Gallery v. StateSupreme Court of Georgia · 1893
- Cribb v. StateSupreme Court of Georgia · 1903
- Stovall v. StateSupreme Court of Georgia · 1899
- Newman v. StateSupreme Court of Georgia · 1879
- Johnson v. StateSupreme Court of Georgia · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. HardrickSupreme Court of Georgia · 1995
- Thompson v. StateSupreme Court of Georgia · 2018
- Thompson v. StateSupreme Court of Georgia · 2018
- Hagood v. StateCourt of Appeals of Georgia · 1908
- Smith v. StateSupreme Court of Georgia · 1906
13 more not listed; retrieve them via the Exa API.