Best v. State
Court of Appeals of Georgia
Indictment for murder — conviction of manslaughter;' from Dougherty superior court — Judge Wilson. December 27, 1920. The 6th and 8th divisions of the decision relate respectively to assignments of error set out below: 6. Ground 13: Because the court erred in charging the jury as follows: "The court charges you that, if the deceased was not carrying a pistol at the time and place of the killing, the evidence which the defendant has offered, to the effect that the deceased…
Read the full summary
Indictment for murder — conviction of manslaughter;' from Dougherty superior court — Judge Wilson. December 27, 1920. The 6th and 8th divisions of the decision relate respectively to assignments of error set out below: 6. Ground 13: Because the court erred in charging the jury as follows: "The court charges you that, if the deceased was not carrying a pistol at the time and place of the killing, the evidence which the defendant has offered, to the effect that the deceased habitually carried a pistol, will be considered by you only in the event that you believe the defendant had knowledge of…
1Opinion of the CourtBroyles, C. J.
1. “Where an application is made, by one accused of crime, for a change of venue on the ground that an impartial jury can not be obtained, the law devolves on the trial judge the duty and responsibility of making an examination and informing himself of the truth of the averments in the application; and where, after hearing evidence, the trial court is satisfied that a fair and impartial jury may be had in the county where the crime is alleged to have been committed, this court will not reverse his judgment refusing to change the venue, unless it is made to appear that there has been an abuse…
2Cases cited11 opinions
- Perdue v. StateSupreme Court of Georgia · 1910
- Jones v. StateSupreme Court of Georgia · 1908
- Cumming v. StateSupreme Court of Georgia · 1896
- Jackson v. StateSupreme Court of Georgia · 1886
- Coleman v. StateSupreme Court of Georgia · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goumas v. StateCourt of Appeals of Georgia · 1931
- Wilson v. StateCourt of Appeals of Georgia · 1922
- Rawlings v. StateCourt of Appeals of Georgia · 1925
- Coggeshall v. StateCourt of Appeals of Georgia · 1925
- Garrett v. StateCourt of Appeals of Georgia · 1949
4 more not listed; retrieve them via the Exa API.