Pope v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Hodges. Oglethorpe superior court. March 15, 1920.
1Opinion of the CourtBeck, P. J.
Evans Pope was tried under an indictment charging him with the offense of murder; and the jury trying the case returned a verdict of guilty, with a recommendation, of life imprisonment. The defendant’s motion for new trial was overruled.
1. The court in his charge to the jury defined malice as follows: “Malice is a state of mind, or intention, to kill under such circumstances as the law would not justify nor in any way excuse the intention if the killing occurred. It is the deliberate *704intention unlawfully to take the life of a human being under such circumstances as would not justify or excuse…
2Cases cited4 opinions
- Mann v. StateSupreme Court of Georgia · 1906
- Worley v. StateSupreme Court of Georgia · 1911
- Pierce v. StateSupreme Court of Georgia · 1874
- Ivey v. StateSupreme Court of Georgia · 1857
3Cited by8 opinions
- Sutton v. StateSupreme Court of Georgia · 1976
- Bull & Son v. CarpenterCourt of Appeals of Georgia · 1924
- Payne v. ReeseCourt of Appeals of Georgia · 1922
- Eddy v. StateSupreme Court of Georgia · 1986
- Mincey v. StateSupreme Court of Georgia · 1938
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