Legal Opinion

Stewart v. State

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 26 opinions

Criminal Law. Severance. Continuance. Indictment. Election. Verdict. Jury. New Trial. Newly Discovered Evidence. Before Judge Buchanan. Douglas Superior Court. Januaiy Term, 1876. When the case against Stewart, Sisk and Clinton was sounded, all three of the defendants announced ready for trial. The solicitor general moved the court to try the defendants separately, and announced that he would first place Stewart on trial.

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Criminal Law. Severance. Continuance. Indictment. Election. Verdict. Jury. New Trial. Newly Discovered Evidence. Before Judge Buchanan. Douglas Superior Court. Januaiy Term, 1876. When the case against Stewart, Sisk and Clinton was sounded, all three of the defendants announced ready for trial. The solicitor general moved the court to try the defendants separately, and announced that he would first place Stewart on trial. As ground for this motion, the solicitor showed that he desired to use the evidence of Clinton, and of his wife, against Stewart, and that this end could only be obtained by…

1Opinion of the Court

Warner, Chief Justice.

The defendant was indicted for the offense of murder, and charged with the unlawful killing of James Seals, in the county of Douglas. There were six counts in the indictment : the first charged the defendant Stewart, John E. Sisk and James Clinton, as principals; the second count charged the defendant Stewart, as principal in the first degree, and Sisk and Clinton as principals in the second degree; the third count charged Sisk as principal in the first degree, and the defendant Stewart, and Clinton, as principals in the second degree; the fourth count charged Clinton as…

2Cases cited1 opinion

  1. Ray v. StateSupreme Court of Georgia · 1854

3Cited by26 opinions

  1. Lascelles v. StateSupreme Court of Georgia · 1892
  2. Tooke v. StateCourt of Appeals of Georgia · 1908
  3. Williams v. StateSupreme Court of Georgia · 1882
  4. Metz v. StateNebraska Supreme Court · 1895
  5. Sutton v. StateSupreme Court of Georgia · 1906

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