May v. State
Supreme Court of Georgia
Criminal law. Murder. Evidence. Threat. "Witness. Practice. Before Judge Roberts. Telfair superior court. October adjourned term, 1892. John May was indicted for the murder of Henry Brown, and was found guilty of voluntary manslaughter. He excepted to the overruling of his motion for a new trial.
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Criminal law. Murder. Evidence. Threat. "Witness. Practice. Before Judge Roberts. Telfair superior court. October adjourned term, 1892. John May was indicted for the murder of Henry Brown, and was found guilty of voluntary manslaughter. He excepted to the overruling of his motion for a new trial. The motion alleges, in addition to the general grounds, that the court erred in refusing to admit the following testimony of Daniel Spivey, a witness for the defendant: “I had a conversation with Henry Brown the day before the killing. I asked him if he had seen John May that day, that he owed me…
1Opinion of the Court
Lumpkin, Justice.
1. As a general rule, upon the trial of a murder case, evidence of threats previously made by the deceased against the accused, but not communicated to the latter, is inadmissible; but this rule is by no means invariable. "When the evidence leaves it doubtful as to which of the parties began the mortal combat, and.there is testimony tending to show that the slayer killed his adversary in self-defence, evidence of this character may be- received to show the state of mind or feeling on the part of the deceased, and thus illustrate his conduct and throw light upon his intention…
2Cases cited11 opinions
- Keener v. StateSupreme Court of Georgia · 1855
- Vaughn v. StateSupreme Court of Georgia · 1892
- Vann v. StateSupreme Court of Georgia · 1889
- Bone v. StateSupreme Court of Georgia · 1890
- Hoye v. StateSupreme Court of Georgia · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Jefferson v. StateSupreme Court of Georgia · 1987
- Warrick v. StateSupreme Court of Georgia · 1906
- Wallace v. MizeSupreme Court of Georgia · 1922
- Hoxie v. StateSupreme Court of Georgia · 1901
24 more not listed; retrieve them via the Exa API.