Smalls v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Ealligant. ■Chatham superior court. December term, 1895. Abe Smalls was convicted of the murder of Jansen 0. Neve, and his motion for a new trial was overruled. The motion alleged, among other grounds, that the court erred: In permitting the witness Joseph Brown to testify, over .stated objections, as follows: “I reside at East Broad and Anderson streets. I am a brother of George Brown.
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Indictment for murder. Before Judge Ealligant. ■Chatham superior court. December term, 1895. Abe Smalls was convicted of the murder of Jansen 0. Neve, and his motion for a new trial was overruled. The motion alleged, among other grounds, that the court erred: In permitting the witness Joseph Brown to testify, over .stated objections, as follows: “I reside at East Broad and Anderson streets. I am a brother of George Brown. I remember the time that Mr. Humphreys is said to have been shot. The day before the killing of policeman Neve, I made a search for the party who shot Humphreys. I was…
1Opinion of the Court
Lumpkin, Justice.
1. On the trial of the accused for the crime of murder, the court, over objection of counsel, admitted certain testimony-tending to show that immediately before the homicide the accused, being a fugitive from justice, charged with a felony, was out in a field heavily armed, and by his, conduct and movements manifesting an apparent defiance of the lawful authorities. This evidence consisted of the-statements of,a witness giving in detail the conduct and movements of the accused, indicating that he was on the-alert, evidently watching out for the officers of the law, and fully…
2Cases cited1 opinion
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1895
3Cited by8 opinions
- Lawrence v. StateArizona Supreme Court · 1925
- Howell v. StateSupreme Court of Georgia · 1926
- Walker v. NeilSupreme Court of Georgia · 1903
- Smalls v. StateSupreme Court of Georgia · 1898
- Moody v. StateCourt of Appeals of Georgia · 1914
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