Wilson v. State
Supreme Court of Georgia
Criminal Law. Misnomer. Minutes. Practice in Superior Court. Jurors. Constitutional Law. Practice in Supreme Court. Before Judge SlMMONS. Bibb Superior Court. October Term, 1881. The following, in connection with the decision, sufficiently reports this case: “ Doc.” .Wilson was indicted for the murder of James Tinley.
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Criminal Law. Misnomer. Minutes. Practice in Superior Court. Jurors. Constitutional Law. Practice in Supreme Court. Before Judge SlMMONS. Bibb Superior Court. October Term, 1881. The following, in connection with the decision, sufficiently reports this case: “ Doc.” .Wilson was indicted for the murder of James Tinley. On the trial, the evidence on behalf of the state was, in brief, as follows: On the afternoon of February 7, 1881, Tinley and Birdsong, a friend of his, went into the bar room of one Loyall in the city of Macon. The entrance to this bar room was through a barber shop, which was…
1Opinion of the Court
Crawford, Justice.
The plaintiff in error was convicted in the court below of the crime of murder; he moved for a new trial, which was refused, and he excepted.
The errors complained of are numerous.and important, and will be considered in the order in which they occur in the motion for a new trial.
1. Upon arraignment the defendant filed his plea of misnomer, in which it was alleged that his name was not, nor had it at any time theretofore been, “Doc.” Wilson, as charged in the bill of indictment, but was, and had always been, Harrison L. Wilson, and none other.
This plea was stricken on…
2Cases cited4 opinions
- Thomas v. StateSupreme Court of Georgia · 1881
- Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
- Jones v. StateSupreme Court of Georgia · 1880
- Jordan v. StateSupreme Court of Georgia · 1878
3Cited by38 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Mann v. StateSupreme Court of Georgia · 1906
- Mayor of Americus v. PerrySupreme Court of Georgia · 1902
- Ex Rel. Preston Cobb, Jr. v. R. P. Balkcom, Jr., WardenCourt of Appeals for the Fifth Circuit · 1964
- Emory University v. LeeCourt of Appeals of Georgia · 1958
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