Legal Opinion

Kitchens v. State

Supreme Court of Georgia

Decided July 11, 1888PublishedCited by 8 opinions

Indictment. Criminal law. Practice in Supreme Court. Before Judge Kibbee. . .Montgomery superior court. October term, 1887. Thomas J. Kitchens was indicted for the offence of mayhem.

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Indictment. Criminal law. Practice in Supreme Court. Before Judge Kibbee. . .Montgomery superior court. October term, 1887. Thomas J. Kitchens was indicted for the offence of mayhem. The material parts of the indictment were as follows : “Por that the said Thomas J. Kitchens, on the 30th day of May, in the year 1887, in the county aforesaid, did then and there, unlawfully and with force and arms, wilfully and maliciously injure, wound and disfigure the private parts of one- Janie Toler, the said Janie Toler then and there being a female, with intention then and there to disfigure said private…

1Opinion of the Court

Bleckley, Chief Justice.

1. “Mayhem shall consist in unlawfully depriving a person of a member, or disfiguring or rendering it useless.” Code, §4339. “ If any person shall unlawfully, and without sufficient cause' or provocation, cut out or disable the tongue, put out an eye, slit or bite the nose, ear- or lip, or cut or bite off the nose, ear or lip, or castrate, or cut, or bite off, or disable any other limb or member of another, with intention in so doing to maim or disfigure such person, or shall voluntarily, maliciously, and of purpose, while fighting or otherwise, do any of these acts,…

2Cited by8 opinions

  1. State v. WyattSupreme Court of Georgia · 2014
  2. Augusta Factory v. DavisSupreme Court of Georgia · 1891
  3. Byrd v. StateCourt of Appeals of Georgia · 2001
  4. State v. BunyardSupreme Court of Missouri · 1913
  5. Leary v. StateCourt of Appeals of Georgia · 1913

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