Smarrs v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Boan. Clayton superior court. March 31, 1908. Walter Smarrs, alias McLaughlin, was convicted of murder; and his motion for a new trial having been overruled, he excepted. According to the testimony of Jim Lavender, an eye-witness of the homicide, sworn in behalf pf the State, a number of negroes, including the accused and Bud Nash, the deceased, were picking cotton at night, by moonlight. They were all friends and in good humor.
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Indictment for murder. Before Judge Boan. Clayton superior court. March 31, 1908. Walter Smarrs, alias McLaughlin, was convicted of murder; and his motion for a new trial having been overruled, he excepted. According to the testimony of Jim Lavender, an eye-witness of the homicide, sworn in behalf pf the State, a number of negroes, including the accused and Bud Nash, the deceased, were picking cotton at night, by moonlight. They were all friends and in good humor. Just after they had quit picking and as they were starting for home, the accused said, “Who is it believes I won’t bust ’em?” Bud…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. The testimony of J. D. Stanley, set forth in the foregoing summary of facts, as to the alleged inculpatory statement of the accused, was properly admitted over the objection “that no proper foundation for admitting confessions had been shown, and that in admitting this testimony the jury were led to believe that the defendant had made a confession of his guilt, when in point of fact he had not.” It does not appear that such statements were admitted as a confession of guilt; and the court did not consider them as such, -for no instructions were given on…
2Cases cited5 opinions
- Mann v. StateSupreme Court of Georgia · 1906
- Butler v. StateSupreme Court of Georgia · 1893
- Boatwright v. StateSupreme Court of Georgia · 1892
- Burley v. StateSupreme Court of Georgia · 1908
- Fussell v. StateSupreme Court of Georgia · 1894
3Cited by7 opinions
- Sheffield v. StateSupreme Court of Georgia · 1939
- Vun Cannon v. StateSupreme Court of Georgia · 1952
- Domingo v. StateSupreme Court of Georgia · 1957
- Perry v. StateSupreme Court of Georgia · 1938
- Screven v. StateSupreme Court of Georgia · 1929
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