Legal Opinion

Wall v. State

Court of Appeals of Georgia

Decided December 8, 1908No. 1480PublishedCited by 17 opinions

Conviction of manslaughter, from Hart superior court — Judge Worley. September- S3, 1908. Wall was indicted for murdering a negro named John Norris, and was found guilty of voluntary manslaughter. The indictment was returned in March, 1908, though the homicide is' alleged to have been committed in June, 1906. The case presents some rather unusual features. The State rests its case almost solely upon admissions made by the defendant.

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Conviction of manslaughter, from Hart superior court — Judge Worley. September- S3, 1908. Wall was indicted for murdering a negro named John Norris, and was found guilty of voluntary manslaughter. The indictment was returned in March, 1908, though the homicide is' alleged to have been committed in June, 1906. The case presents some rather unusual features. The State rests its case almost solely upon admissions made by the defendant. While the testimony of the State does not show that the deceased had been “missing” in the sense in which that word is usually employed in such cases, it appeared…

1Opinion of the CourtPowell, J.

(After stating the foregoing facts.)

1. In a homicide ease the proof of the corpus delicti must not only show that a person has been killed, but must also identify the person shown to have been killed as the one whose death is the subject of the inquiry. See the cases cited in the footnote to the case of State v. Williams, 7 Jones’ Law (N. C.), 446, as reported in 78 Am. Dec. 248. The corpse found in this' case was so decomposed that the State was unable to prove this essential element of the corpus delicti; but the defendant’s admission in judicio, as contained in his statement, supplied this…

2Cases cited5 opinions

  1. Mann v. StateSupreme Court of Georgia · 1906
  2. Owens v. StateSupreme Court of Georgia · 1904
  3. Futch v. StateSupreme Court of Georgia · 1892
  4. Green v. StateSupreme Court of Georgia · 1905
  5. Perkins v. StateSupreme Court of Georgia · 1905

3Cited by17 opinions

  1. Eagan v. StateWyoming Supreme Court · 1942
  2. Terry v. StateSupreme Court of Georgia · 1979
  3. Odom v. StateCourt of Appeals of Georgia · 1962
  4. Lewis v. StateCourt of Appeals of Georgia · 2008
  5. Miller v. StateSupreme Court of Georgia · 1937

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