Legal Opinion

Moody v. State

Supreme Court of Georgia

Decided December 19, 1901PublishedCited by 16 opinions

Indictment for robbery. Before Judge Janes. Polk superior court. October 17, 1901.

1Opinion of the CourtLumpkin, P. J.

1. This case, as to the first point ruled above, is directly within the principle laid down in Fletcher v. State, 85 Ga. 666.

2. The charge dealt within the second headnote was obviously erroneous. Whether or not given circumstances are entitled to any weight is purely a matter for the jury. ' As the judge instructed the jury that they must give weight to certain circumstances, and as the same tended to show the guilt of the accused, the charge was in this respect necessarily prejudicial to him.

Judgment reversed.

All the Justices concurring, except Little, J., absent.

2Cases cited1 opinion

  1. Fletcher v. StateSupreme Court of Georgia · 1890

3Cited by16 opinions

  1. Watson v. StateSupreme Court of Georgia · 1971
  2. Hobbs v. StateCourt of Appeals of Georgia · 1910
  3. Parham v. StateCourt of Appeals of Georgia · 1969
  4. Boyt v. StateCourt of Appeals of Georgia · 2007
  5. Hogan v. StateSupreme Court of Georgia · 1965

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