Legal Opinion

Swain v. State

Supreme Court of Georgia

Decided April 13, 1921No. 2182PublishedCited by 26 opinions

Indictment for murder. Before Judge Sheppard. Tattnall superior court. July 3, 1920.

1Opinion of the CourtAtkinson, J.

1. On the separate trial of a defendant who is jointly indicted with another for murder, allegations in the indictment that the homicide was committed by shooting the deceased with a pistol, which at the time was “ had and held ” by both defendants, are, relatively to the defendant on trial, supported by evidence that such defendant killed the deceased by shooting him with a pistol.

2. Where in the trial of one indieted for murder the accused requested the sequestration of the State’s witnesses, it was not an abuse of discretion in the court to allow the prosecutor, who was a brother of the…

2Cases cited11 opinions

  1. Keller v. StateSupreme Court of Georgia · 1897
  2. Taylor v. StateSupreme Court of Georgia · 1909
  3. Howard v. StateSupreme Court of Georgia · 1915
  4. Beach v. StateSupreme Court of Georgia · 1912
  5. Jenkins v. StateSupreme Court of Georgia · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Roach v. StateSupreme Court of Georgia · 1966
  2. Daniels v. StateCourt of Appeals of Georgia · 1938
  3. Herrin v. StateCourt of Appeals of Georgia · 1976
  4. Chastain v. StateSupreme Court of Georgia · 1986
  5. Williams v. StateSupreme Court of Georgia · 1995

21 more not listed; retrieve them via the Exa API.

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