Legal Opinion

Wynne v. State

Supreme Court of Georgia

Decided August 2, 1905PublishedCited by 9 opinions

Indictment for misdemeanor. Before Judge Holden. Taliaferro superior court. June 3, 1905. Dave Wynne was indicted for carrying about his person a shotgun to a public gathering, not at a militia muster ground. On the trial the evidence for the State was, in brief, as follows: On July 4, 1904, there was a public barbecue at Hillman, in Taliaferro county, at which negroes and some white people gathered, to the number of some four or five hundred.

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Indictment for misdemeanor. Before Judge Holden. Taliaferro superior court. June 3, 1905. Dave Wynne was indicted for carrying about his person a shotgun to a public gathering, not at a militia muster ground. On the trial the evidence for the State was, in brief, as follows: On July 4, 1904, there was a public barbecue at Hillman, in Taliaferro county, at which negroes and some white people gathered, to the number of some four or five hundred. A difficulty occurred, and there was a good deal of rioting. Some of the crowd scattered. Several were seen with deadly weapons. Among others, the…

1Opinion of the CourtLumpkin, J.

(After stating the facts.) 1. One ground of the motion for a new trial complains that the court allowed a. witness to testify that he thought the defendant was in a position to see whether other people brought guns from Terrell’s residence; that from the position where the defendant was he could- have seen this; and that other people did bring guns to the scene of the difficulty. It does not appear what ground of objection was urged to this evidence when it was introduced. It is stated in the motion for a new trial that “ said question and answer are irrelevant, and said answer is purely an…

2Cases cited2 opinions

  1. Modesette v. StateSupreme Court of Georgia · 1902
  2. Culberson v. StateSupreme Court of Georgia · 1904

3Cited by9 opinions

  1. Mickle v. MooreSupreme Court of Georgia · 1941
  2. McDaniel v. StateSupreme Court of Georgia · 1944
  3. McDow v. StateSupreme Court of Georgia · 1933
  4. State v. YatesMissouri Court of Appeals · 1998
  5. Farmer v. StateCourt of Appeals of Georgia · 1965

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