Futch v. State
Supreme Court of Georgia
Criminal law. Evidence. Venue. Murder. Manslaughter. lies gestee. Witness. Before Judge Gamble. Tattnall superior court.
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Criminal law. Evidence. Venue. Murder. Manslaughter. lies gestee. Witness. Before Judge Gamble. Tattnall superior court. Henry Eutch was convicted of the murder of Alfred Kennedy who was killed by him on August 81, 1891. The evidence for the State tends to show that Kennedy was assassinated in pursuance of a conspiracy between the defendant, Mrs. DeLoach and her daughter, Mary Jane, with which daughter the defendant had more than once been criminally intimate, and with whom Kennedy had made an appointment to meet at the buggy-shelter, from which the defendant fired on him as he approached,…
1Opinion of the Court
Simmons, Justice.
1, 2. The accused was iudicted and tided in Tattnall county for the murder of Alfred Kennedy, charged to have been committed in that county. The proof was that the homicide was committed at a buggy-shelter, about twenty-five or thirty steps from the house of Mrs. DeLoach, and outside of her lot, and that her house was in Tattnall county. There was no further evidence as to the venue. Under the ruling of this court in Gosha v. The State, 56 Ga. 36, this was insufficient. It was there held that “the venue of a crime must be established clearly and beyond all reasonable doubt;…
2Cases cited8 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Hill v. StateSupreme Court of Georgia · 1880
- Gosha v. StateSupreme Court of Georgia · 1876
- Mays v. StateSupreme Court of Georgia · 1891
- Jackson v. StateSupreme Court of Georgia · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Mann v. StateSupreme Court of Georgia · 1906
- Owens v. StateSupreme Court of Georgia · 1904
- Warrick v. StateSupreme Court of Georgia · 1906
- Eagan v. StateWyoming Supreme Court · 1942
- Carrigan v. StateSupreme Court of Georgia · 1950
72 more not listed; retrieve them via the Exa API.