Whilden v. State
Supreme Court of Georgia
Indictment for stabbing, from Burke County. Tried before Judge Holt, April Term, 1858. John B. Whilden was indicted in the Court below for stabbing A. Floyd.
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Indictment for stabbing, from Burke County. Tried before Judge Holt, April Term, 1858. John B. Whilden was indicted in the Court below for stabbing A. Floyd. Upon the trial the Attorney General, on the part of the State, offered as a witness, A. Floyd, the prosecuter, who testified, that on the 18th of July, 1856, defendant came up to him (witness) with a stick in one hand and a knife in the other, and made an assault upon him by striking him with the stick and cutting him in two places with the knife — one on the right arm, about 3 inches wide, and a quarter deep, and a slight wound on the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The first question is, was the Court below right in rejecting the testimony offered as to the first fight.
The indictment was founded on the second fight.
Unless the first fight made a part of the second; that is, unless it was a part of the res gestae, it is clear, that evidence of it, was not admissible. If not a part of the res gestae, the first fight could not possibly constitute a defence in a case founded on the second.
Did the first fight make a part of the second ?
The Judge certifies, “that both witnesses distinctly stated the interval…
2Cited by12 opinions
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- Sanford v. StateSupreme Court of Florida · 1918
- Lanier v. StateCourt of Appeals of Georgia · 1909
- Fountain v. StateSupreme Court of Georgia · 1919
- Sessions v. StateSupreme Court of Georgia · 1902
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