Phelps v. State
Supreme Court of Georgia
Criminal Law. Charge of Court. Continuance. Practice in Superior Court. Before Judge Simmons. Randolph Superior Court. November Adjourned Term, 1884. Joe Phelps was indicted for the murder of H. J. Daniel. On the trial, the evidence for the state showed, in brief, as follows: Phelps and one Turner went by the house of Daniel about dark in the evening They were talking loudly and cursing. They asked for Daniel.
Read the full summary
Criminal Law. Charge of Court. Continuance. Practice in Superior Court. Before Judge Simmons. Randolph Superior Court. November Adjourned Term, 1884. Joe Phelps was indicted for the murder of H. J. Daniel. On the trial, the evidence for the state showed, in brief, as follows: Phelps and one Turner went by the house of Daniel about dark in the evening They were talking loudly and cursing. They asked for Daniel. At first, the wife of the latter refused to answer, but finally told them that he was not at home, but had gone to a neighbor’s. They then left. In two or three minutes, some one…
1Opinion of the Court
Jackson, Chief Justice.
1. The plaintiff in error shot deceased with a pistol, which he had concealed upon his person, a short distance from the home of deceased—so near that his voice could be heard calling upon his little daughter, Alice, to bring him his pistol, and so near that his agonizing cry, on being 'shot, “Oh, Lordy! Oh, Lordy! ” was heard by his wife in his house. There are no mitigating circumstance^. A flask of whiskey in the pocket of the murderer, and a pistol concealed upon his person, ready for any murderous use, tell the usual tale when one man hurries his neighbor’s soul…
2Cited by4 opinions
- Edwards v. StateSupreme Court of Georgia · 1975
- Freddo v. StateTennessee Supreme Court · 1912
- Hubert v. City of MariettaSupreme Court of Georgia · 1968
- Gasser's v. Michigan Mutual Life InsuranceCourt of Appeals of Kentucky · 1924