Legal Opinion

McPherson v. State

Supreme Court of Georgia

Decided June 15, 1857No. 10PublishedCited by 12 opinions

Murder, in Appling Superior Court. Tried before Judge Cochran, at May Term, 1857. John McPherson was indicted for the murder of James Carter. The killing took place in the county of Appling, on the night of the 22d January, 1857. The prisoner pleaded not guilty. After the testimony was closed, and the charge of the Court given, the jury retired and returned a verdict of involuntary manslaughter in the commission of an unlawful act.

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Murder, in Appling Superior Court. Tried before Judge Cochran, at May Term, 1857. John McPherson was indicted for the murder of James Carter. The killing took place in the county of Appling, on the night of the 22d January, 1857. The prisoner pleaded not guilty. After the testimony was closed, and the charge of the Court given, the jury retired and returned a verdict of involuntary manslaughter in the commission of an unlawful act. The prisoner moved for a new trial; which motion the Court refused, and his counsel thereupon excepts, and tenders his bill of exceptions. The substance of the…

1Opinion of the Court

*480 By the Court.

Benning, J.

delivering the opinion.

The substance of the testimony in this case, it being a murder case, seems to have been as follows :

On the 22d of January, 1857, a number of persons were at McPherson’s (who was the party indicted,) to assist him in moving a house. Among them were Carter, Spence, and Leggett; Carter being the man killed. At some time in the day, two gallons of liquor were procured, apart or the whole of which, was drunk up by the company. The drinkers became much excited, if not intoxicated, by the liquor, and, in consequence, ^behaved themselves in a noisy,…

2Cited by12 opinions

  1. Lipscomb v. StateMississippi Supreme Court · 1897
  2. Biegun v. StateSupreme Court of Georgia · 1950
  3. Bland v. StateSupreme Court of Georgia · 1953
  4. Harris v. StateSupreme Court of Georgia · 1940
  5. Johnson v. JacksonCourt of Appeals of Georgia · 1976

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