Fitzpatrick v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Hodges. Madison superior court. June SO, 1918. Joel T. Fitzpatrick, otherwise known as Blue Bird Fitzpatrick, was indicted for the murder of Jack Embry. On the trial the jury returned a verdict of guilty, with a recommendation to the mercy of the court. The defendant excepted to the refusal of a new trial. The evidence tended to show that he and Embry and some other persons had gone into a schoolhouse about sunset to play at cards.
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Indictment for murder. Before Judge Hodges. Madison superior court. June SO, 1918. Joel T. Fitzpatrick, otherwise known as Blue Bird Fitzpatrick, was indicted for the murder of Jack Embry. On the trial the jury returned a verdict of guilty, with a recommendation to the mercy of the court. The defendant excepted to the refusal of a new trial. The evidence tended to show that he and Embry and some other persons had gone into a schoolhouse about sunset to play at cards. They were all drinking. A dispute over a game of cards arose between Fitzpatrick and another player. Embry was appealed to, to…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. Error is assigned, in the first special ground of the motion for new trial, because the court admitted in evidence, over objection, the testimony of Dr. W. B. Hardman, the attending physician and surgeon, who testified as to the declarations of the deceased as. to the cause of his death and the person who killed him. These declarations were made on several occasions between the first and last visits of Dr. Hardman to the deceased. The last declaration was made about five or six days before his death. In each of these declarations he said to Dr. Hardman…
2Cases cited11 opinions
- Jones v. StateSupreme Court of Georgia · 1908
- Findley v. StateSupreme Court of Georgia · 1906
- Jones v. HarrellSupreme Court of Georgia · 1900
- Washington v. StateSupreme Court of Georgia · 1911
- Hartz v. SobelSupreme Court of Georgia · 1911
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3Cited by22 opinions
- Cooper v. StateSupreme Court of Georgia · 1936
- Johnson v. StateSupreme Court of Georgia · 1930
- Bivins v. StateSupreme Court of Georgia · 1946
- Kennedy v. StateSupreme Court of Georgia · 1940
- Morakes v. StateSupreme Court of Georgia · 1946
17 more not listed; retrieve them via the Exa API.