Chandler v. Johnson
Supreme Court of Georgia
Assumpsit. Compounding a felony. New trial. Granted by Judge Pope. Fulton Superior Court. October Term, 1868. On the 29th of September, 1860, James H. Johnson and Martha J. Johnson, as makers, and Jo. S. Smith, and James E. Williams, as securities, made and delivered to John H. Lovejoy their joint and several promissory note, whereby they promised to pay him or bearer $610, on or before the first day of the next January.
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Assumpsit. Compounding a felony. New trial. Granted by Judge Pope. Fulton Superior Court. October Term, 1868. On the 29th of September, 1860, James H. Johnson and Martha J. Johnson, as makers, and Jo. S. Smith, and James E. Williams, as securities, made and delivered to John H. Lovejoy their joint and several promissory note, whereby they promised to pay him or bearer $610, on or before the first day of the next January. Lovejoy endorsed the note, and delivered it to Chandler. James H. Johnson died. Chandler sued said makers, securities, and the endorser, on the note. Lovejoy did not defend.…
1Opinion of the CourtMcCay, J.
1. The charge of the Court, that the defendant must prove that a felony had been actually committed, was, we think, too strong, and calculated, without explanation, to mislead the jury. The natural inference from the charge, is that it was upon the defendant to make out a clear case of guilt on his part. We do not think this is the law. It is sufficient if there be a bona fide charge against the defendant of a felony. Any stronger case than this, required to defend a note, tinctured with illegality, by reason of its being given to compound a felony, would make the law a farce. It is a high…
2Cited by16 opinions
- Edwards County v. JenningsTexas Supreme Court · 1896
- Finch v. BarclaySupreme Court of Georgia · 1891
- Evans v. HartleyCourt of Appeals of Georgia · 1938
- Miller v. StateSupreme Court of Georgia · 1877
- Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
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