Frank v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Boan. Fulton superior court. October 31, 1913. /"Leo M. Frank was indicted for the murder of Mary PHagan. The indictment charged that the homicide was committed by choking the victim with a cord drawn around her neck/On the trial the accused was convicted, and sentenced to be hanged. A motion for new trial was made, which, after amendment, was heard and overruled. The defendant excepted.
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Indictment for murder. Before Judge Boan. Fulton superior court. October 31, 1913. /"Leo M. Frank was indicted for the murder of Mary PHagan. The indictment charged that the homicide was committed by choking the victim with a cord drawn around her neck/On the trial the accused was convicted, and sentenced to be hanged. A motion for new trial was made, which, after amendment, was heard and overruled. The defendant excepted. The homicide occurred in April, 1913. ,-Frank was a married man, and a few days more than twenty-nine years old. He was superintendent of the National Pencil Factory, a…
1Dissent
Fish, C. J., and Beck, J.,
dissenting. We do not concur in the ruling made in the second division of the opinion of the majority of the court, in reference to the admissibility of the evidence referred to therein. The 10th ground of the amendment to the motion for a new trial is as follows:
"Because the court erred in failing, refusing, 'and declining, upon motion of the defendant made while the witness Conley was on the *285stand, to rule out, withdraw, and exclude from the jury each and all of the following questions 'and answers of the witness Conley:
‘Q. What did he mean? A. Well, what I taken…
2Cases cited30 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Cawthon v. StateSupreme Court of Georgia · 1904
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Hawes v. StateSupreme Court of Alabama · 1889
- Shaffner v. CommonwealthSupreme Court of Pennsylvania · 1872
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