Legal Opinion

Heflin v. State

Supreme Court of Georgia

Decided December 7, 1891PublishedCited by 21 opinions

Criminal law. Perjury. Disqualification, of judge. Evidence. Charge of court. Before Judge Richard H. Claric. Eulton superior court. September term, 1890. Heflin was convicted of perjury, and excepted to the denial of a new trial.

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Criminal law. Perjury. Disqualification, of judge. Evidence. Charge of court. Before Judge Richard H. Claric. Eulton superior court. September term, 1890. Heflin was convicted of perjury, and excepted to the denial of a new trial. The assignments of perjury were, that Heflin willfully, etc. swore that on the day and at the time of the shooting of Gresham by Eddleman, he (Heflin) was in the alley-way leading back of the saloon in which the shooting occurred, and that standing near the back door of the saloon (which door leads from the alley-way into the saloon), he (Heflin) saw Gresham with…

1Opinion of the Court

Bleckley, Chief Justice.

1. His honor Judge Clark, who presided in the trial of this case, was subjected to a novel and extraordinary challenge before the trial began. Counsel for the prisoner objected to his presiding “for lack of impartiality and for his prejudice against him,” the prisoner. The grounds of this objection were that his honor had pre*154sided in the trial of Eddleman and also of McCord, and become firmly convinced that the prisoner had committed perjury in the Eddleman case, and had, on two different occasions, approached the prisoner’s counsel and-said-to him there was no doubt…

2Cases cited3 opinions

  1. James v. KerbySupreme Court of Georgia · 1860
  2. Jonathan Collins & Son v. BullardSupreme Court of Georgia · 1876
  3. Elder v. StateSupreme Court of Georgia · 1874

3Cited by21 opinions

  1. In Re Estate of DolbeerCalifornia Supreme Court · 1908
  2. State Ex Rel. Anaya v. ScarboroughNew Mexico Supreme Court · 1966
  3. People v. RodleyCalifornia Supreme Court · 1900
  4. Smith v. StateCourt of Appeals of Georgia · 1947
  5. Slayton v. CommonwealthSupreme Court of Virginia · 1946

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