Mitchell v. State
Supreme Court of Georgia
Criminal Law. Evidence. Witness. Dying Declarations. Murder. Homicide. Res Gestee. Practice in Supreme Court. Before Judge Willis. Muscogee Superior Court. May Term, 1883. Ben Mitchell and Holland Mitchell (his brother) were jointly indicted for the murder of Jesse B. Wright. Ben Mitchell was tried separately. It’ was not denied that the defendant killed'Wright with a pistol; but he insisted that he did so in self-defence, or, at least, that he acted under reasonable fears.
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Criminal Law. Evidence. Witness. Dying Declarations. Murder. Homicide. Res Gestee. Practice in Supreme Court. Before Judge Willis. Muscogee Superior Court. May Term, 1883. Ben Mitchell and Holland Mitchell (his brother) were jointly indicted for the murder of Jesse B. Wright. Ben Mitchell was tried separately. It’ was not denied that the defendant killed'Wright with a pistol; but he insisted that he did so in self-defence, or, at least, that he acted under reasonable fears. It is unnecessary to detail this voluminous and conflicting evidence.. To the report contained in the decision it is…
1Opinion of the Court
Hall, Justice.
1. Mitchell was indicted, tried and found guilty of murder, with a recommendation to mercy, and having been sentenced to imprisonment in the penitentiary for life, made a motion for anew trial upon various grounds, which being overruled, he prosecutes this writ of error to have that judgment reviewed by this court. This motion contains, among others, the usual ground that the verdict is contrary to law and evidence, decidedly and strongly against the weight of evidence, and, in fact, without evidence to support it. As the case necessarily goes back for another hearing, on…
2Cases cited6 opinions
- Monroe v. StateSupreme Court of Georgia · 1848
- Dumas v. StateSupreme Court of Georgia · 1878
- Carter v. StateSupreme Court of Georgia · 1876
- Campbell v. StateSupreme Court of Georgia · 1852
- Floyd v. WallaceSupreme Court of Georgia · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Andrews v. StateSupreme Court of Georgia · 1903
- Strickland v. StateSupreme Court of Georgia · 1928
- Herndon v. StateSupreme Court of Georgia · 1934
76 more not listed; retrieve them via the Exa API.