Lowery v. State
Supreme Court of Georgia
Criminal Law. Accomplice. Accessory. Witness. Evidence. Practice in Supreme Court. Before Judge Mershon. Appling Superior Court. October Term, 1883. Fletcher Lowery was indicted for the murder of John Brimage. On the trial, only one witness testified to the actual perpetration of the homicide, a woman, called Julia Blocker or Julia Bryant. Her testimony was, in brief, as follows: She had been living with defendant, with one or two interruptions, for two or three years.
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Criminal Law. Accomplice. Accessory. Witness. Evidence. Practice in Supreme Court. Before Judge Mershon. Appling Superior Court. October Term, 1883. Fletcher Lowery was indicted for the murder of John Brimage. On the trial, only one witness testified to the actual perpetration of the homicide, a woman, called Julia Blocker or Julia Bryant. Her testimony was, in brief, as follows: She had been living with defendant, with one or two interruptions, for two or three years. At the time of the killing, she was in the woods with Brimage. Hearing a noise, she peered under the bushes, but could not…
1Opinion of the Court
Blandeord, Justice.
The main question in this case is, whether the testimony of a witness who was present when the homicide was committed, but who did not in any way participate therein, but who for a time thereafter may have concealed the fact, is sufficient, without other evidence, to authorize a conviction, under section 3755 of the Code.
This question must be answered in the affirmative. The witness, Julia Blocker, was not even an accomplice within any sense of that term. She did not participate in the crime as actual perpetrator of the offense, or as principal in the second degree. She was…
2Cited by19 opinions
- Hargrove v. StateSupreme Court of Georgia · 1906
- State v. GlassNorth Dakota Supreme Court · 1915
- Birdsong v. StateSupreme Court of Georgia · 1904
- Springer v. StateSupreme Court of Georgia · 1897
- Thornton v. StateSupreme Court of Georgia · 1904
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