Legal Opinion

Hicks v. State

Supreme Court of Georgia

Decided November 18, 1916PublishedCited by 32 opinions

Indictment for murder. Before Judge Bartlett. Paulding superior court. June 3, 1916. Sam Hicks was tried under an indictment charging him with the offense of murder, it being alleged that he feloniously shot and killed Ed Pennell. Two witnesses testified that they saw the shooting; one of them was introduced by the State, and the other by the defendant. The witness introduced by the State was a nephew of the decedent, and was a boy about 13 years old.

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Indictment for murder. Before Judge Bartlett. Paulding superior court. June 3, 1916. Sam Hicks was tried under an indictment charging him with the offense of murder, it being alleged that he feloniously shot and killed Ed Pennell. Two witnesses testified that they saw the shooting; one of them was introduced by the State, and the other by the defendant. The witness introduced by the State was a nephew of the decedent, and was a boy about 13 years old. He testified, that he was present when Ed Pennell was killed; that it was about 5 o’clock in the afternoon; that the defendant shot him with a…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.) The testimony of the State in this ease authorized a verdict of guilty of murder. There was sufficient evidence to show that the defendant, while in a state of intoxication, deliberately shot and killed the decedent. There was some testimony to show that the two were not entirely friendly, though there was an abundance of testimony to show that they were perfectly friendly. The defendant’s statement makes a ease of accidental shooting. The witness Prance, who saw the killing, gave testimony which would have authorized the jury to find the defendant guilty…

2Cases cited6 opinions

  1. Taylor v. StateSupreme Court of Georgia · 1911
  2. Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1911
  3. Tillman v. StateSupreme Court of Georgia · 1911
  4. Cliett v. StateSupreme Court of Georgia · 1909
  5. Cline v. Milledgeville Banking Co.Supreme Court of Georgia · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Pippin v. StateSupreme Court of Georgia · 1949
  2. Watson v. StateSupreme Court of Georgia · 2004
  3. Emmett v. StateSupreme Court of Georgia · 1943
  4. Carson v. StateSupreme Court of Georgia · 1978
  5. Conley v. StateCourt of Appeals of Georgia · 1917

27 more not listed; retrieve them via the Exa API.

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