Smith v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Hutchins. Gwinnett superior court. September term, 1898. The accused was charged with the murder of James Coker, and was found guilty of voluntary manslaughter. According to the evidence for the State, Coker, together with Lewis McDaniel and John and Luther Wages, went to the house of the accused at night, and proposed to buy a thicken and have it cooked there.
Read the full summary
Indictment for murder. Before Judge Hutchins. Gwinnett superior court. September term, 1898. The accused was charged with the murder of James Coker, and was found guilty of voluntary manslaughter. According to the evidence for the State, Coker, together with Lewis McDaniel and John and Luther Wages, went to the house of the accused at night, and proposed to buy a thicken and have it cooked there. There was .some discussion in the presence of the accused, between his wife and Coker, as to the price of the chicken. She said she would not fix the chicken for anybody but McDaniel, and that Coker…
1Opinion of the CourtLittle, J.
The first two grounds of the motion for new
trial are based on the allegations that the verdict is contrary to law, and -without evidence to support it. Inasmuch as th,ecase goes back for another trial, we do not pass upon the weight of the evidence in the case.
1. The next ground of error assigned is, that the court erred .in charging the jury the law in relation to'voluntary man- .. slaughter. We are of the opinion that, under the facts in this, case, there was no evidence which authorized a charge on the law of voluntary manslaughter. We do not wish to be undérstood. as saying that if the…
2Cases cited11 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Hickory v. United StatesSupreme Court of the United States · 1896
- Hudgins v. StateSupreme Court of Georgia · 1847
- State v. JacksonSupreme Court of Missouri · 1888
- People v. Wong Ah NgowCalifornia Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Woodruff v. StateSupreme Court of Georgia · 1975
- People v. FowlerCalifornia Supreme Court · 1918
- Wall v. StateSupreme Court of Georgia · 1922
- McCray v. StateSupreme Court of Georgia · 1910
- Bivins v. StateSupreme Court of Georgia · 1946
26 more not listed; retrieve them via the Exa API.