Lyon v. State
Supreme Court of Georgia
Indictment for an assault with intent to ñlífrder, in Washington Superior Court. Tried before Judge Holt, at March Term, 1857. Robert Cox and James A. Lyon, were jointly indicted for an assault with intent to murder Alexander G. Lawson. Cox failed to appear, and Lyon only was put on trial.
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Indictment for an assault with intent to ñlífrder, in Washington Superior Court. Tried before Judge Holt, at March Term, 1857. Robert Cox and James A. Lyon, were jointly indicted for an assault with intent to murder Alexander G. Lawson. Cox failed to appear, and Lyon only was put on trial. In the course of the trial, defendant’s counsel proposed to ask two witnesses, one introduced on the part of the State, and the other on the part of the prisoner, “ whether or not they had heard Cox acknowledge that he had shot the prosecutor Lawson, at the time and place charged in the indictment.” The…
1Opinion of the Court
By the Court
McDonald, J.
delivering the opinion.
[l.] The Court properly rejected the admission of Cox, that itwas he who hud shot the prosecutor at iho time and place stated in rhe hill of indictment” There is no sound principle upon v/hieh ir van lie edmiiied. Though jointly indicted with the defendant oa t iol, lie trail not on his Pial. This Court h.-w held that a v in.osa jointly indict,"! will.' a <h fondant on .hi; trial iu compo! :i.t, if he be nol also on hit; trial. Jones vs. The State, 1 Kelly 610. In that case, tiio parties had severed on the trial. The witness was not a party to…
2Cited by28 opinions
- Timberlake v. StateSupreme Court of Georgia · 1980
- United States v. Thomas E. Silverstein, Adolph Reynosa, Clayton A. Fountain, and Edgar HevleCourt of Appeals for the Seventh Circuit · 1984
- Wilson v. StateSupreme Court of Georgia · 1999
- Woolfolk v. StateSupreme Court of Georgia · 1889
- Green v. StateSupreme Court of Georgia · 1978
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