Morgan v. State
Supreme Court of Georgia
Indictment for arson. Before Judge Littlejohn. Webster superior court. May 23, 1904. Early in the morning of March 13, before daylight, a considerable portion of the town of Preston, in Webster county, was destroyed by fire. H. B. Morgan and A. S. Harrell were charged with willfully and maliciously burning the storehouse of J. R. Stapleton, trustee in bankruptcy of Stapleton and Nicholson Company, in which house the conflagration began.
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Indictment for arson. Before Judge Littlejohn. Webster superior court. May 23, 1904. Early in the morning of March 13, before daylight, a considerable portion of the town of Preston, in Webster county, was destroyed by fire. H. B. Morgan and A. S. Harrell were charged with willfully and maliciously burning the storehouse of J. R. Stapleton, trustee in bankruptcy of Stapleton and Nicholson Company, in which house the conflagration began. The evidence disclosed, that, during the day before the fire, Morgan stated to Nicholson that but for him “ he wouldn’t care if the damned town was in ashes;”…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The fire occurred on the 13th of March. The trial was had on the 5th of April. The record, when read in connection with the note of the presiding judge, clearly establishes that the defendant’s Motion for a continuance was properly overruled. There was no motion for a change of venue, and no showing as to excitement or prejudice, beyond what was stated in the defendant’s motion, which, in view of his confinement in jail, was but an unsupported conclusion and fully answered by the fact that the State exhausted its strikes, while the jury was secured before…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Georgia · 1880
- McLanahan & Alford v. BlackwellSupreme Court of Georgia · 1903
- Allen v. StateSupreme Court of Georgia · 1893
3Cited by3 opinions
- Harrell v. StateSupreme Court of Georgia · 1905
- Rice v. StateCourt of Appeals of Georgia · 1915
- Tukes v. StateCourt of Appeals of Georgia · 1972