Tate v. State
Supreme Court of Georgia
Criminal law. Murder. Charge of Court. Immaterial error. Evidence. Before Judge Andrews. Elbert Superior Court. September Term, 1871. Westley Tate was placed upon trial for the murder of Jefferson Tate. The defendant pleaded not guilty. • The following evidence was introduced upon the trial: TESTIMONY EOB THE STATE.
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Criminal law. Murder. Charge of Court. Immaterial error. Evidence. Before Judge Andrews. Elbert Superior Court. September Term, 1871. Westley Tate was placed upon trial for the murder of Jefferson Tate. The defendant pleaded not guilty. • The following evidence was introduced upon the trial: TESTIMONY EOB THE STATE. Marion Tate, (colored) sworn: I think it'was about sunset or between sunset and dark on Tuesday of last week; it was at the Ragland place in Elbert county ; on that day Westley Tate struck Jefferson Tate with a pole axe; he hit him on the right side of the head, near the top, more…
1Opinion of the Court
McCay, Judge.
This was an indictment for murder, and there was a plea of not guilty generally. Under the proof, we think it was no error in the Court to charge the law of justifiable homicide. The record shows a general denial of guilt, and it was not improper that the Judge should inform the jury under what circumstances one may lawfully kill another, and it would be a strong ease of hypercriticism to say, that a new trial ought to be granted if the Judge allude to instances of justification wholly unlike the case on trial. It is common for the Court to read the definition of justifiable…
2Cited by34 opinions
- Joyner v. StateSupreme Court of Georgia · 1951
- Geer v. StateSupreme Court of Georgia · 1937
- Benton v. StateSupreme Court of Georgia · 1937
- Cornelious v. StateSupreme Court of Georgia · 1941
- Bailey v. StateSupreme Court of Georgia · 1918
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