Story v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Gilbert. Harris superior court. December 18, 1915. West Story was tried for the offense of murder, it being alleged in the indictment that he unlawfully killed one Cherry Huling by. shooting her with a gun. The jury returned a verdict of guilty without a recommendation, and the defendant was in due course sentenced to be hanged. He excepted to the refusal of a new trial.
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Indictment for murder. Before Judge Gilbert. Harris superior court. December 18, 1915. West Story was tried for the offense of murder, it being alleged in the indictment that he unlawfully killed one Cherry Huling by. shooting her with a gun. The jury returned a verdict of guilty without a recommendation, and the defendant was in due course sentenced to be hanged. He excepted to the refusal of a new trial. The State introduced as a witness Mell Huling, the husband of the woman alleged to have been murdered, who testified that Story came to his house and inquired of witness’s wife where he.…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. In the motion for a new trial it is complained that at the conclusion of the defendant’s statement the court refused to permit his counsel the privilege of calling his attention to a material omission from his statement, to wit: “I told Mr. Hargett that I killed Cherry; but I was so scared, as I thought the negroes were going to mob me, that I didn’t know what I was doing or what I said.” Counsel insisted that “it was discretionary with the court to permit defendant’s counsel to call his attention to a material omission from his statement. The court…
2Cases cited1 opinion
- Grant v. StateSupreme Court of Georgia · 1896
3Cited by5 opinions
- Scudiere v. StateCourt of Appeals of Georgia · 1973
- Staggers v. StateCourt of Appeals of Georgia · 1960
- Boddie v. StateSupreme Court of Georgia · 1924
- Scudiere v. StateCourt of Appeals of Georgia · 1973
- Truitt v. StateCourt of Appeals of Georgia · 1926