Benton v. State
Supreme Court of Georgia
Murder. Before Judge Munro. Muscogee superior court. December 22, 1923. Lee Benton was indicted for the murder of Flournoy Butler on July 24, 1923, in Muscogee County. He was convicted with a recommendation, and was sentenced to the penitentiary for life. The evidence for the State tended to show that the deceased, a youth of twenty years of age and a brother-in-law of the defendant, took and wore the shoes of the latter without his consent.
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Murder. Before Judge Munro. Muscogee superior court. December 22, 1923. Lee Benton was indicted for the murder of Flournoy Butler on July 24, 1923, in Muscogee County. He was convicted with a recommendation, and was sentenced to the penitentiary for life. The evidence for the State tended to show that the deceased, a youth of twenty years of age and a brother-in-law of the defendant, took and wore the shoes of the latter without his consent. This greatly infuriated the defendant, who hunted up the deceased, and, when he found the latter, with his shoes on, took him to the home of the mother…
1Opinion of the CourtHines, J.
1. The defendant claimed that the deceased was attempting to kill him with a drawn ax, and that he shot and killed the deceased in self-defense. The court permitted a physician, who attended the deceased, to testify, over the objection of the defendant’s counsel that the proper foundation for the introduction of dying declarations had not been shown, that the deceased, in articulo mortis, stated that he had no ax, knife, or weapon, and that the defendant shot him. The preliminary proof was as follows: One Layfield asked the deceased if he had an ax or a knife, when the physician told the…
2Cases cited10 opinions
- Southern Railway Co. v. MerrittSupreme Court of Georgia · 1904
- Barnett v. StateSupreme Court of Georgia · 1911
- Jefferson v. StateSupreme Court of Georgia · 1912
- Washington v. StateSupreme Court of Georgia · 1911
- Benton v. HarleyCourt of Appeals of Georgia · 1917
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3Cited by7 opinions
- Lawrence v. StateArizona Supreme Court · 1925
- Bland v. StateSupreme Court of Georgia · 1953
- State v. . JordanSupreme Court of North Carolina · 1939
- Simmons v. StateCourt of Appeals of Georgia · 1972
- Rounds v. StateSupreme Court of Georgia · 1932
2 more not listed; retrieve them via the Exa API.