Gann v. State
Supreme Court of Georgia
Murder, in Cobb Superior Court. Tried before Judge Rice, at September Term, 1859. This was an indictment against Jeptha Gann, charging him with the murder of William Collins.
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Murder, in Cobb Superior Court. Tried before Judge Rice, at September Term, 1859. This was an indictment against Jeptha Gann, charging him with the murder of William Collins. It was shown by the proof, that: On the 23d day of April, 1859, in the county of Cobb, the deceased, the prisoner, John Oshields, Joseph White, Alexander Cupp, Nancy Scoggins, and Fanny Scoggins, were all on their way home from Marietta; that, as they went along, deceased and Nancy Scoggins fell out; that deceased commenced blackguarding Nancy Scoggins with vulgar language, which was the first beginning of any…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The Court having charged the jury that, “ In all cases of voluntary manslaughter, there must be some actual assault upon the person killing by the person killed, or an attempt by the person killed, to commit a serious personal injury on the person killing,” and then, after giving a charge as requested by counsel for prisoner, qualified such charge thus: “ In case it is proven that any such provocation was given as the Court has already mentioned, that is, a provocation, not by words, threats, menaces, or contemptuous gestures, whether said or sung,…
2Cited by39 opinions
- Joyner v. StateSupreme Court of Georgia · 1951
- Harris v. StateSupreme Court of Georgia · 1937
- Johnson v. StateSupreme Court of Georgia · 1931
- Mathis v. StateSupreme Court of Georgia · 1943
- Sheffield v. StateSupreme Court of Georgia · 1939
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