Legal Opinion

Franklin v. State

Supreme Court of Georgia

Decided October 31, 1882PublishedCited by 53 opinions

Criminal Law. Evidence. Practice.in Superior Court. Witness. Before Judge Simmons. Bibb Superior Court. October Term, 1881. C. H. Franklin was indicted for the murder of Mit Bryant. On the trial, the evidence for the state showed, in brief, the following facts.: Franklin was at work on the place of one Freeman and digging a ditch in the garden. On Saturday, July 30th, 1881, he went to Macon.

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Criminal Law. Evidence. Practice.in Superior Court. Witness. Before Judge Simmons. Bibb Superior Court. October Term, 1881. C. H. Franklin was indicted for the murder of Mit Bryant. On the trial, the evidence for the state showed, in brief, the following facts.: Franklin was at work on the place of one Freeman and digging a ditch in the garden. On Saturday, July 30th, 1881, he went to Macon. About eight o'clock at night, he went into a store on Pine street, and shortly after eleven o’clock he again went into the same store. He then purchased some tobacco and went up. Pine street. As he left…

1Opinion of the Court

JACKSON, Chief Justice.

The defendant was convicted of murder, and being denied a new trial, assigns that denial, on the grounds alleged in the motion therefor, as error. The errors alleged when analyzed and reduced to points are not so numerous as they appear when spread over a large surface. We endeavor to reduce them, and consider the points of law so made.

1. A photograph of the wound of the deceased was admitted as evidence over the objection of defendant. The throat of deceased was cut; the character of the wound was important to elucidate the issue; the man was *43killed and buried, and a…

2Cases cited4 opinions

  1. Day v. StateSupreme Court of Georgia · 1879
  2. Averett v. BradySupreme Court of Georgia · 1856
  3. Moye v. StateSupreme Court of Georgia · 1881
  4. Thompson v. FeaginSupreme Court of Georgia · 1878

3Cited by53 opinions

  1. Elliott v. StateSupreme Court of Georgia · 2019
  2. Olevik v. StateSupreme Court of Georgia · 2017
  3. Myers v. StateSupreme Court of Georgia · 1895
  4. Emmett v. StateSupreme Court of Georgia · 1943
  5. Bergner v. StateIndiana Court of Appeals · 1979

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