Darsey v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Martin. Laurens superior court. February 7, 1911. The bill of exceptions recited as follows: “Thereupon [i. e.
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Indictment for murder. Before Judge Martin. Laurens superior court. February 7, 1911. The bill of exceptions recited as follows: “Thereupon [i. e. Tfter the close of. the evidence] his honor, J. H. Martin, judge presiding, delivered his charge to said jury, and concluded said charge by instructing the jury that if they found said defendant guilty of murder and did not wish to recommend him to life imprisonment, their verdict should be ‘We, the jury, find the defendant guilty.’ That if they found said defendant guilty of murder and wished to recommend him to life imprisonment, the form of…
1Per curiam
Justices Lumpkin, Beck, and Atkinson are of the following opinion on this point: In this State, it is the duty of the judge to charge the law in a criminal case, and the duty of the jury to accept the law given them in charge as correct. Nevertheless, the jury have it in their power to find a verdict of not guilty, and the judge can not properly refuse to receive it because it may not accord with his charge or the evidence. Under an indictment for murder, a finding of guilty of a lesser grade of homicide is an implied acquittal of murder. Whether or not the jury ought to have found this,…
2Cases cited1 opinion
- Thomas v. StateSupreme Court of Georgia · 1904
3Cited by7 opinions
- Register v. StateCourt of Appeals of Georgia · 1911
- State v. FreemanSupreme Court of Georgia · 1994
- Gilchrist v. StateSupreme Court of Georgia · 1998
- Campbell v. StateCourt of Appeals of Georgia · 1934
- Gilleland v. WelchSupreme Court of Georgia · 1946
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