Hill v. State
Supreme Court of Georgia
Murder, in Decatur Superior Court. Tried before Judge Allen, May, 1859. Hill, a slave, the property of William Perkins, was indicted for the murder of Margaret Saddler. The jury found the defendant guilty. His counsel moved for a new trial on the following grounds: 1st. Because the court erred in compelling the defendant to testify in the case of the State against Grif, a slave, indicted and tried for the same offence, upon a separate bill of indictment. 2nd.
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Murder, in Decatur Superior Court. Tried before Judge Allen, May, 1859. Hill, a slave, the property of William Perkins, was indicted for the murder of Margaret Saddler. The jury found the defendant guilty. His counsel moved for a new trial on the following grounds: 1st. Because the court erred in compelling the defendant to testify in the case of the State against Grif, a slave, indicted and tried for the same offence, upon a separate bill of indictment. 2nd. Because the court erred in refusing to admit the evidence, as taken down in writing, that the defendant gave in on the trial of said…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
"We affirm the judgment of, the court below on all the grounds taken in the motion for a new trial. And there is but one which we think requires any comment. Hill was indicted as a principal, and the evidence makes it probable that Griffin struck the blow or blows which killed Mrs. Saddler. Can Hill be convicted under the indictment ?
Mr. Justice Foster says, that the identity of the person supposed to have given the stroke is hut a circumstance, and a very immaterial one. The stroke of one is considered in law, and on sound reason, as the stroke…
2Cited by14 opinions
- Hatcher v. StateSupreme Court of Georgia · 1933
- Collins v. StateSupreme Court of Georgia · 1892
- Porter v. StateSupreme Court of Georgia · 1946
- Leonard v. StateSupreme Court of Georgia · 1886
- State v. PeelDistrict Court of Appeal of Florida · 1959
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