Adams v. State
Supreme Court of Georgia
Criminal Law. Charge of Court. Before Judge Hutch-ins. Walton Superior Court. February Term, 1883. Monroe Adams, Job R. Smith, Charlie Cheatham, Thomas Austin and James Austin were indicted for murder, it being alleged that they killed one Alfred T. Sims, on July 20,1882. On the trial, the evidence for the state was, in brief, as follows: The defendants went to the house of Sims to arrest him.
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Criminal Law. Charge of Court. Before Judge Hutch-ins. Walton Superior Court. February Term, 1883. Monroe Adams, Job R. Smith, Charlie Cheatham, Thomas Austin and James Austin were indicted for murder, it being alleged that they killed one Alfred T. Sims, on July 20,1882. On the trial, the evidence for the state was, in brief, as follows: The defendants went to the house of Sims to arrest him. Sims had previously stated that he was ready to be tried j had gone to the court-ground for that purpose, and had but recently returned home when they arrived. A pistol shot was heard ; then some one…
1Opinion of the Court
Blandeord, Justice.
The court below, among other things, charged the jury, “ If you believe from the .evidence, at the time of the killing, deceased, Sims, manifestly intended, by violence or surprise, to commit a felony upon the officer while engaged in the proper performance of his official duty, and the circumstances, as they appeared to Adams, were sufficient to excite the fears of a reasonable man, and that he believed that it was necessary to kill him to prevent the ■ felony, and he acted under the influence of those fears and belief, and not in a spirit of revenge, and he killed Sims,…
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