Legal Opinion

Jones v. State

Supreme Court of Georgia

Decided December 18, 1920No. 2117PublishedCited by 10 opinions

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Indictment for murder. Before Judge Thomas’. Thomas superior court. June 7, 1920. Mitch Jones was found guilty of the murder of Mary Lee • Thomas (a young unmarried woman) by shooting her with a gun, and was sentenced to life imprisonment. He excepted to the refusal of a new trial, contending (1) that it was error to admit testimony of dying declarations by the deceased, over objection that no proper legal foundation for their admission had been laid, it not having been shown that she was then in dying condition and knew that she was so: (2) that it was not proved beyond a reasonable doubt…

1Opinion of the CourtGilbert, J.

1. “ 'A prima facie ease is all that is necessary to carry dying declarations to the jury. It is an issue of fact whether or not they were made in the immediate prospect of death.’ Varnedoe v. State, 75 Ga. 181. It is not necessary that the person whose statements are sought to he introduced should express himself as believing that he is in a dying condition. Consciousness of his condition may be inferred from the nature of his wound, or from other circumstances. Young v. State, 114 Ga. 849 [40 S. E. 1000].” Andersen v. State, 122 Ga. 161 (50 S. E. 46) ; Jones v. State, 130 Ga. 274 (60 S. E.…

2Cases cited4 opinions

Jones v. StateSupreme Court of Georgia · 1908
Young v. StateSupreme Court of Georgia · 1902
Anderson v. StateSupreme Court of Georgia · 1905
Varnedoe v. StateSupreme Court of Georgia · 1886

3Cited by10 opinions

Hill v. StateSupreme Court of Georgia · 1925
Morakes v. StateSupreme Court of Georgia · 1946
Patterson v. StateSupreme Court of Georgia · 1945
Cooley v. StateSupreme Court of Georgia · 1922
Brown v. StateCourt of Appeals of Georgia · 1951

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