Cole v. State
Court of Appeals of Georgia
Certiorari, from Ben Hill superior court — Judge Whipple. July 25, 1907. Mrs. Cole was tried and convicted of the offense of battery, in the city court of Fitzgerald. She presented a petition for certiorari to the judge of the superior court, who refused sanction; and she brings error.
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Certiorari, from Ben Hill superior court — Judge Whipple. July 25, 1907. Mrs. Cole was tried and convicted of the offense of battery, in the city court of Fitzgerald. She presented a petition for certiorari to the judge of the superior court, who refused sanction; and she brings error. The testimony was that Mrs. Cole came up to the prosecutor, J. F. Greek, in the cotton factory at Fitzgerald, said to him, “You have got to quit whipping my boy,” thrust her hand up toward his face, and, according to the statement of the prosecutor, actually touched his face, though it did not hurt him. Several…
1Opinion of the CourtPowell, J.
(After stating the facts.)
Judges have to declare the law as they find it to be; and not as they personally wish it to be. Every man who is acquainted with' the God-given instincts of motherhood, which impel every true mother to fly not only to the protection of her child, but also to vindicate wrongs done it, realizes what a strong excuse this natural impulse furnishes for her conduct under circumstances such as this case discloses, and also respects her the more because she so loves and so acts. We would, if in duty we could, strain the tethers of the law which binds us, in order that we…
2Cases cited2 opinions
- Berry v. StateSupreme Court of Georgia · 1898
- Walker v. StateSupreme Court of Georgia · 1903
3Cited by9 opinions
- Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
- Nobles v. StateCourt of Appeals of Georgia · 1913
- Robinson v. DeVaughnCourt of Appeals of Georgia · 1938
- Brown v. StateSupreme Court of Georgia · 1920
- Johnson v. City of AtlantaCourt of Appeals of Georgia · 1909
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