Gates v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Harris. Troup superior court. November term, 1894. The indictment charged that Gates, “ with force and arms did unlawfully and with malice aforesaid kill and murder one Lee Sledge, by then and there'shooting said Lee Sledge with a certain loaded pistol.” Defendant was found guilty, and his motion in arrest of judgment was overruled. The motion was upon the grounds; (1) The crime of murder is insufficiently charged or described.
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Indictment for murder. Before Judge Harris. Troup superior court. November term, 1894. The indictment charged that Gates, “ with force and arms did unlawfully and with malice aforesaid kill and murder one Lee Sledge, by then and there'shooting said Lee Sledge with a certain loaded pistol.” Defendant was found guilty, and his motion in arrest of judgment was overruled. The motion was upon the grounds; (1) The crime of murder is insufficiently charged or described. (2) The necessary element of malice, a legal ingredient, is not properly, legally or sufficiently alleged in said indictment, and…
1Opinion of the Court
Atkinson, Justice.
Upon an indictment for murder, it is necessary to allege and prove that the homicide upon which the prosecution is based was committed with malice which was operating upon the mind of the slayer at the time the fatal blow was given. This maybe proven by direct testimony or it may be shown by circumstances, but the fact must, nevertheless, be established. Upon a motion in arrest of judgment after a conviction for the offense of murder, if the allegations of the indictment be sufficient to authorize its admission, this court is bound to presume that the evidence submitted was…
2Cited by5 opinions
- Huntsinger v. StateSupreme Court of Georgia · 1945
- Smith v. StateSupreme Court of Georgia · 1945
- Wright v. StateSupreme Court of Georgia · 1928
- Wallace v. StateSupreme Court of Georgia · 1960
- Wright v. StateSupreme Court of Georgia · 1928