Beck v. State
Supreme Court of Georgia
Criminal law. Evidence. New trial. Before Judge Underwood. Chattooga Superior Court. March Term, 1876. Beck was indicted for the murder of R. H. Shamblin. On the trial, the evidence for the state was, in brief, as follows: On the morning of October 28th, 1875, one McEntyre was working in a corn-field in Chattooga county. He saw defendant get up from behind a tree just outside the enclosure, with a gun in his hands.
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Criminal law. Evidence. New trial. Before Judge Underwood. Chattooga Superior Court. March Term, 1876. Beck was indicted for the murder of R. H. Shamblin. On the trial, the evidence for the state was, in brief, as follows: On the morning of October 28th, 1875, one McEntyre was working in a corn-field in Chattooga county. He saw defendant get up from behind a tree just outside the enclosure, with a gun in his hands. Defendant ordered him to leave the field; then getting over the fence, inquired for Shamblin. McEntyre replied that he did not know where Shamblin was. Just then defendant saw…
1Opinion of the Court
Bleckley, Judge.
1. We have searched the evidence in vain for any fact that made the homicide necessary at the time it was .committed, or that would justify it, or reduce it below the grade of murder. There was bad feeling between the parties; they were in an ill-tempered controversy about property; the deceased had used improper language while the controversy was pending, showing a determination to maintain his supposed rights by violence; but he had not gone to the extent of committing a breach of the peace, and we cannot discover from the evidence that he attempted or intended any act of…
2Cited by5 opinions
- Heath v. City of AtlantaCourt of Appeals of Georgia · 1942
- Haupt v. StateSupreme Court of Georgia · 1899
- Brannon v. StateCourt of Appeals of Georgia · 1917
- Green v. StateSupreme Court of Georgia · 1922
- Mitchell v. StateCourt of Appeals of Georgia · 1952