Broadnax v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Reese. Hancock superior court. February term, 1896. Frank Roberts, a child of four -and a half years, was killed by swallowing a strong solution of potash. The evidence is to- the effect that Sam Broadnax, the accused, administered the potash to -the child. His brother Ned Broadnax was present. After conviction a motion for new trial was -overruled.
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Indictment for murder. Before Judge Reese. Hancock superior court. February term, 1896. Frank Roberts, a child of four -and a half years, was killed by swallowing a strong solution of potash. The evidence is to- the effect that Sam Broadnax, the accused, administered the potash to -the child. His brother Ned Broadnax was present. After conviction a motion for new trial was -overruled. The grounds -of the motion were, that tire verdict was contrary to law and evidence, and because of newly discovered evidence. In support of the latter ground were produced three- affidavits (1) Ned Broadnax: I…
1Opinion of the CourtSimmons, C. J.
There was no evidence at the trial showing the-age of the accused, or that on account of his tender years he was mentally incapable of committing a crime, and therefore he was presumptively capax do-li; the evidence for the State was -sufficient to warrant the conviction; and the ground of the-motion for a new trial relating to newly discovered -evidence- is. without legal merit. Judgment affb'med.
Lewis & Moore, for plaintiff in error. J. M. Terrell, attorney-general, F. If. Colley, solicitor-general, IF. M. ■Howard, and T. L. Reese, contra.
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- Clemmons v. StateCourt of Appeals of Georgia · 1941
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