McKinney v. Carmack
Supreme Court of Georgia
Action for damages. Before Judge Henderson. City' court of Yienna. September 2, 1903. Mrs. McKinney sued Carmack for damages resulting to her from the homicide of her husband; contending that on September 3, 1902, Carmack went to McKinney’s home where he was quietly resting, lured him therefrom, and with malice aforethought shot him to death.
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Action for damages. Before Judge Henderson. City' court of Yienna. September 2, 1903. Mrs. McKinney sued Carmack for damages resulting to her from the homicide of her husband; contending that on September 3, 1902, Carmack went to McKinney’s home where he was quietly resting, lured him therefrom, and with malice aforethought shot him to death. There was some conflict of evidence; but that for the defendant tended to prove the following: McKinney had been Carmack’s cropper, working on halves, and, recently before the day of the homicide, had sold a bale of cotton. On that day Carmack went to…
1Opinion of the CourtTurner, J.
1. Eor the purpose of impeaching a witness, his testimony on the commitment trial of one accused of a felony may be proved as well by a person who heard it as by the notes or memoranda of the evidence taken by the court. Brown v. State, 76 Ga. 623. The same rule will apply in the case of a coroner’s report of the substance of the testimony delivered before him at an inquest.
2. As a general rule, evidence of threats previously made by one who is killed by another, but uncommunicated to the latter, are not admissible on the trial of a case involving the question whether or not the slayer was…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Georgia · 1886
3Cited by7 opinions
- Warrick v. StateSupreme Court of Georgia · 1906
- Rouse v. StateSupreme Court of Georgia · 1910
- Atlantic Coast Line Railroad Company v. Albert Gregor KammererCourt of Appeals for the Fifth Circuit · 1956
- Pritchard v. McCrarySupreme Court of Georgia · 1905
- Cargill v. StateCourt of Appeals of Georgia · 1913
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