Yeates v. Roberson
Court of Appeals of Georgia
Habeas corpus, from city court of Macon — -Judge Hodges. June 11, 1908. James S. Yeates, was indicted in the superior court of Decatur county for the crime of murder, and on his trial was convicted of voluntary manslaughter. The Supreme Court of the State granted a new trial. 127 Ga. 813 (56 S. E. 1017). On his second trial under the indictment for murder, he was convicted of that offense, with a recommendation that he be sentenced to the penitentiary for life.
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Habeas corpus, from city court of Macon — -Judge Hodges. June 11, 1908. James S. Yeates, was indicted in the superior court of Decatur county for the crime of murder, and on his trial was convicted of voluntary manslaughter. The Supreme Court of the State granted a new trial. 127 Ga. 813 (56 S. E. 1017). On his second trial under the indictment for murder, he was convicted of that offense, with a recommendation that he be sentenced to the penitentiary for life. He again filed a motion for a new trial, which being overruled, he sued out a writ of error .to the Supreme Court of the State, and…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. It is admitted by learned counsel for the plaintiff in error that this court is not required to certify to the Supreme Court the question raised by the first reason assigned by him for, the writ of habeas corpus, it presenting no new question of the construction of any constitutional provision, but a question only as to the application of a constitutional provision to the facts of this ease, as determining the rights of the plaintiff in error. The fifth amendment of the constitution of the United States, — “nor shall any person be subject for the same…
2Cases cited4 opinions
- McKane v. DurstonSupreme Court of the United States · 1894
- Ex Parte ParksSupreme Court of the United States · 1876
- Whitten v. TomlinsonSupreme Court of the United States · 1895
- Waller v. StateSupreme Court of Georgia · 1898
3Cited by8 opinions
- Wilcoxon v. AldredgeSupreme Court of Georgia · 1941
- Brantley v. StateSupreme Court of Georgia · 1909
- Stokes v. StateCourt of Appeals of Georgia · 1917
- Harrell v. AveraSupreme Court of Georgia · 1913
- Allen v. PrattCourt of Appeals of Georgia · 1953
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