Lewis v. State
Supreme Court of Georgia
Criminal Law. Murder. Manslaughter. Charge of Court. Before Judge Lawson. Baldwin Superior Court. January Term, 1883. Louisa Lewis was indicted for murder, and was convicted, and sentenced to the penitentiary for life. The facts were, briefly, as follows: A child of eight or ten years of age died under such circumstances as to cause an inquest to be held. A physician examined Ms body, and found evidences of great ill-treatment and severe usage.
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Criminal Law. Murder. Manslaughter. Charge of Court. Before Judge Lawson. Baldwin Superior Court. January Term, 1883. Louisa Lewis was indicted for murder, and was convicted, and sentenced to the penitentiary for life. The facts were, briefly, as follows: A child of eight or ten years of age died under such circumstances as to cause an inquest to be held. A physician examined Ms body, and found evidences of great ill-treatment and severe usage. There were scars on the head and on different portions of the body, apparently the results of blows; some were older and some of recent date; some of…
1Opinion of the Court
Hall, Justice.
1. “Heath ensuing in consequence of the wilful omission of a duty will be murder; death ensuing in .consequence of the negligent omission of a duty will be manslaughter.” In Rex vs. Hughes, Lord Campbell, delivering the opinion of the court of criminal appeal, said: “It has never been doubted that, if death is the direct consequence of the malicious omission to perform a duty, as of a mother to nourish her infant child, this is a case of murder. If the omission was not malicious, and arose from negligence only, it is a case of manslaughter.” Roscoe’s Cr. Ev., 723, and cases…
2Cases cited1 opinion
- Mitchell v. StateSupreme Court of Georgia · 1883
3Cited by17 opinions
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1948
- State v. NoakesSupreme Court of Vermont · 1897
- People v. BurdenCalifornia Court of Appeal · 1977
- Albright v. StateCourt of Criminal Appeals of Alabama · 1973
- Delk v. StateSupreme Court of Georgia · 1910
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