McElven v. State
Supreme Court of Georgia
Indictment for Larceny, in Mitchell county. Tried before Judge Allen, May Term, 1860. The plaintiff in error was indicted for larceny. On the trial, Counsel for defendant in the Court below, moved to quash the indictment on the ground that there was but one count therein, and that it alleged three distinct offenses. The Court overruled the motion, and counsel for defendant excepted.
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Indictment for Larceny, in Mitchell county. Tried before Judge Allen, May Term, 1860. The plaintiff in error was indicted for larceny. On the trial, Counsel for defendant in the Court below, moved to quash the indictment on the ground that there was but one count therein, and that it alleged three distinct offenses. The Court overruled the motion, and counsel for defendant excepted. The Court permitted the Solicitor General to select as to which of the three charges he would try the prisoner on. Defendant then moved to strike out the other two grounds, which motion the Court overruled, and…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
All the assignments of error in this case are overruled, except the 5th in relation to the charge as to reasonable doubts. The Court charged that the prisoner was entitled to the benefit of reasonable doubts, but added that reasonable doubts usually arose from either a want of evidence or a *872conflict of evidence. This addendum had a tendency to unduly depreciate the doubt urged in this case, by an intimaion that it rested on an unusual ground, for whatever doubt there was, did not arise from want of evidence nor from conflict of evidence, but…
2Cited by5 opinions
- Lovett v. StateSupreme Court of Georgia · 1888
- Rutland v. HathornSupreme Court of Georgia · 1867
- Simmons v. StateSupreme Court of Florida · 1945
- State v. AndrewsSupreme Court of New Jersey · 1908
- McKinney v. DarbyCourt of Appeals of Georgia · 1938