Tompkins v. State
Supreme Court of Georgia
Assault and battery, in Heard Superior Court. Tried before Judge O. Warner, November Term, 1854. Nicholas Tompkins was placed upon his trial for an assault and battery upon one William F. Crockett. It appeared that Tompkins and some others left Franklin one afternoon about dusk, and near the bridge, on Tompkins’ road to his home, a wagon overtook him with Crockett — Phillips and McDaniel in it.
Read the full summary
Assault and battery, in Heard Superior Court. Tried before Judge O. Warner, November Term, 1854. Nicholas Tompkins was placed upon his trial for an assault and battery upon one William F. Crockett. It appeared that Tompkins and some others left Franklin one afternoon about dusk, and near the bridge, on Tompkins’ road to his home, a wagon overtook him with Crockett — Phillips and McDaniel in it. A quarrel ensued — (about which the evidence was very contradictory) — Crockett jumped out of the wagon and advanced towards Tompkins, who struck him with a stick. McDaniel then threw a rock at…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first exception in this case, applies to a considerable portion of the exculpatory testimony relied on by Tompkins. The Circuit Judge ruled out as evidence, all the acts and declarations of every other person implicated with Crockett in the alleged conspiracy to mob Tompkins, unless notice thereof was brought home to the defendant.
The assault and battery is not denied. Tompkins pleads that he was justified in striking Crockett. There is some conflict'of testimony as to what transpired when the, rencontre took place; and the doubt…
2Cases cited1 opinion
- Wingard v. StateSupreme Court of Georgia · 1853
3Cited by9 opinions
- Ortiz v. StateSupreme Court of Florida · 1892
- C. A. J. v. StateCourt of Appeals of Georgia · 1973
- Strickland v. StateCourt of Appeals of Georgia · 1976
- Wortham v. StateSupreme Court of Georgia · 1937
- Turner v. StateCourt of Appeals of Georgia · 1931
4 more not listed; retrieve them via the Exa API.