McDonald v. State
Court of Appeals of Georgia
Indictment for assault and battery, from Turner superior court ■ — Judge Park. April 13, 1909. McDonald was convicted of assault and battery upon one Dave Cook, whom the testimony shows he had whipped.
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Indictment for assault and battery, from Turner superior court ■ — Judge Park. April 13, 1909. McDonald was convicted of assault and battery upon one Dave Cook, whom the testimony shows he had whipped. He attempted to justify the battery by showing that he was the whipping-boss of the Turner county chain-gang, in which Cook was a misdemeanor convict, and that the latter had been guilty of refusing to work and of acts of insubordination by attempting to take a gun from one of the guards. The place where the whipping occurred was spoken of in the evidence as being the chain-gang of Conolly &…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
It will be seen by reference to the action of the court in excluding from evidence the contract between Turner county and Conolly & Pinson, and also the order of the ordinary of the county appointing the defendant whipping-boss of the convict camp, and in instructing the jury in the manner set out above, that the judge took the view that all misdemeanor convicts in this State in 1908 and prior thereto could not be employed otherwise than upon public works; that to employ them otherwise would be so wrongful that the officials of the county chain-gang who…
2Cases cited10 opinions
- Reid v. Mayor of EatontonSupreme Court of Georgia · 1888
- Mayor of Gainesville v. SimmonsSupreme Court of Georgia · 1895
- Ogletree v. DozierSupreme Court of Georgia · 1877
- Russell v. TatumSupreme Court of Georgia · 1898
- Fincher v. CollumCourt of Appeals of Georgia · 1907
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3Cited by2 opinions
- State v. . RevisSupreme Court of North Carolina · 1927
- Wells v. StateCourt of Appeals of Georgia · 1932