Legal Opinion

Clements v. State

Supreme Court of Georgia

Decided January 26, 1970No. 25536PublishedCited by 70 opinions

1Opinion of the Court

Frankum, Justice.

1. Evidence as to the time when and the place where arrested, the manner of the arrest, how the accused was armed, and whether he resisted, and all the circumstances connected with the arrest, are proper matters to be submitted to the jury to be weighed by them for what they are worth. Wayne v. State, 56 Ga. 114, 119 (5); McClung v. State, 206 Ga. 421, 423 (57 SE2d 559). Where, as in this case, the evidence showed that the accused when arrested had just driven an automobile into the parking lot of a motel; that upon being searched he was found to have a pistol tucked in his…

2Cases cited5 opinions

  1. McClung v. StateSupreme Court of Georgia · 1950
  2. Dill v. StateSupreme Court of Georgia · 1899
  3. Prather v. StateSupreme Court of Georgia · 1967
  4. Turney v. RhodesCourt of Appeals of Georgia · 1930
  5. Courtoy v. DozierSupreme Court of Georgia · 1856

3Cited by70 opinions

  1. Henderson v. StateSupreme Court of Georgia · 1970
  2. Radowick v. StateCourt of Appeals of Georgia · 1978
  3. State v. LukeSupreme Court of Georgia · 1974
  4. Allen v. StateSupreme Court of Georgia · 1975
  5. Hough v. StateSupreme Court of Georgia · 2005

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