Legal Opinion

McDaniel v. State

Supreme Court of Georgia

Decided October 19, 1896PublishedCited by 8 opinions

Indictment for murder. Before Judge Gober. Newton superior count. March, term, 1896.

1Opinion of the CourtSimmons, C. J.

1. In a trial for murder, threats by the accused against the deceased, though made a considerable period before the homicide, are admissible in evidence for the State as tending to show malice on the part of the accused; and tEe mere ■omission of tEe trial judge to cEarge tEe jury “as to wEat *68weight they should give to the threats,” or “as to how the jury should regard them 'in their deliberations,” is not cause for a ■ new trial, the more especially when the accused was convicted of voluntary manslaughter only, the verdict thus negativing: any conclusion that the killing was done in malice.

Ar…

2Cited by8 opinions

  1. Shafer v. StateSupreme Court of Georgia · 1941
  2. Shafer v. StateSupreme Court of Georgia · 1941
  3. Hixon v. StateSupreme Court of Georgia · 1908
  4. Vun Cannon v. StateSupreme Court of Georgia · 1952
  5. Brown v. StateCourt of Appeals of Georgia · 1964

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