Legal Opinion

Varnedoe v. State

Supreme Court of Georgia

Decided February 9, 1886PublishedCited by 14 opinions

Criminal Law. Dying Declarations. Evidence. Charge of Court. Practice in Superior Court. Witness. Before Judge Hammond. Fulton Superior Court. April Term, 1885. To the report contained in the decision, it is necessary to add only that the following were among the grounds of the motion for a new trial: (1.) Because the verdict was contrary to law and evidence.

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Criminal Law. Dying Declarations. Evidence. Charge of Court. Practice in Superior Court. Witness. Before Judge Hammond. Fulton Superior Court. April Term, 1885. To the report contained in the decision, it is necessary to add only that the following were among the grounds of the motion for a new trial: (1.) Because the verdict was contrary to law and evidence. (2.) Because the court changed as follows : “In considering the case, you will have to determine whether you will give any force or effect to any dying declarations made by the deceased, Asbury Whitehead, and the court will give you the…

1Opinion of the Court

Hall, Justice.

The defendant was tried for the murder of Asbury Whitehead, and upon being convicted of voluntary manslaughter, moved for a new trial, upon nine different grounds, which, after argument and consideration, was refused.

The first ground is that the verdict was contrary to law and evidence. The second, third and ninth grounds except to instructions given by the court and its rulings upon dying declarations. The fourth alleges error in failing to charge as to involuntary manslaughter. The fifth complains that the court refused to give in charge a mixed request in writing in relation…

2Cases cited5 opinions

  1. Mitchell v. StateSupreme Court of Georgia · 1883
  2. Campbell v. StateSupreme Court of Georgia · 1852
  3. Epps v. StateSupreme Court of Georgia · 1855
  4. McGinnis v. StateSupreme Court of Georgia · 1860
  5. Kelly v. StateSupreme Court of Georgia · 1856

3Cited by14 opinions

  1. State v. ReedSupreme Court of Kansas · 1894
  2. State v. CianfloneSupreme Court of Connecticut · 1923
  3. Bass v. BassSupreme Court of Georgia · 1966
  4. Faulkner v. StateSupreme Court of Georgia · 1928
  5. Stinson v. StateCourt of Appeals of Georgia · 1979

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