Warren v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Littlejohn. Macon superior court. June 11, 1921. John Warren was found guilty of murder, with a recommendation of life imprisonment, under an indictment charging him with unlawfully and maliciously killing Lucinda Underwood, on April 21, 1921, “by choking and strangling her with his hands, and by smothering and by suffocation caused by wrapping her head with a quilt, and by igniting and burning her body with fire.”
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Indictment for murder. Before Judge Littlejohn. Macon superior court. June 11, 1921. John Warren was found guilty of murder, with a recommendation of life imprisonment, under an indictment charging him with unlawfully and maliciously killing Lucinda Underwood, on April 21, 1921, “by choking and strangling her with his hands, and by smothering and by suffocation caused by wrapping her head with a quilt, and by igniting and burning her body with fire.” The evidence submitted on the. trial in behalf of the State was to the following effect: M. C. Mitchell testified that as a practicing physican…
1Opinion of the CourtFisi-i, C. J.
(After stating the foregoing facts.) There is no merit in the amendment to the motion for new trial. The case is one of circumstantial evidence, and of course it was not error to give the jury the definition of that character of evidence and when it is sufficient to authorize a conviction, as stated in the Penal Code (1910), §§ 1009, 1010.
The case turns upon the question whether the corpus delicti was sufficiently proved. Before a conviction can be legally had on the charge of murder, it is essential, in proving the corpus delicti, to show that the person alleged in the indictment to have…
2Cases cited6 opinions
- Bines v. StateSupreme Court of Georgia · 1903
- State v. FlanaganWest Virginia Supreme Court · 1885
- Langston v. StateSupreme Court of Georgia · 1921
- Lee v. StateSupreme Court of Georgia · 1986
- Murray v. StateSupreme Court of Georgia · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wrisper v. StateSupreme Court of Georgia · 1941
- Richardson v. StateSupreme Court of Georgia · 2003
- McVeigh v. StateSupreme Court of Georgia · 1949
- Grimes v. StateSupreme Court of Georgia · 1949
- Graham v. StateSupreme Court of Georgia · 1937
15 more not listed; retrieve them via the Exa API.