Waters v. State
Supreme Court of Georgia
■ Criminal law. Burglary. Evidence. Before Judge Hopkins. Fulton Superior Court. October Term, 1874. This case is sufficiently reported in the above head-notes.
1Opinion of the Court
Trippe, Judge.
1. The proposition is unquestioned that in all criminal prosecutions it is incumbent on the state, on the traverse trial, to show affirmatively, either by positive testimony or other satisfactory evidence, that the defendant is guilty of the offense charged against him, or of some less crime which the law permits him to be found guilty of under the indictment. This rule applies to an indictment for burglary in the night. It was but a few years ago that this offense was punishable with death, or, by special recommendation of the jury, by imprisonment for life, whilst the penalty…
2Cited by8 opinions
- Stryker v. RaschWyoming Supreme Court · 1941
- In re McVeyNebraska Supreme Court · 1897
- Leisenberg v. StateNebraska Supreme Court · 1900
- Bromley v. PeopleIllinois Supreme Court · 1894
- Slappey v. StateCourt of Appeals of Georgia · 1934
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