Swain v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Sheppard. Tattnall superior court. April 29, 1919. George and Nick Swain were indicted for the murder of Dock Harris. Hpon the trial of George Swain the evidence showed that he had married the daughter of the deceased surreptitiously and against the "wishes of the latter. The accused and his wife had been separated for two or three weeks, tire latter having'gone to the home of her father.
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Indictment for murder. Before Judge Sheppard. Tattnall superior court. April 29, 1919. George and Nick Swain were indicted for the murder of Dock Harris. Hpon the trial of George Swain the evidence showed that he had married the daughter of the deceased surreptitiously and against the "wishes of the latter. The accused and his wife had been separated for two or three weeks, tire latter having'gone to the home of her father. The accused went there and asked for his wife, and was told by another person, at the instance of the wife, that she was not there. The deceased was eating dinner, and was…
1Opinion of the CourtGilbert, J.
1. The court permitted a witness for the State to testify that the defendant, George Swain, drove up to the scene of the Trilling, and his wife said “La, yonder is George!” “George Swain came to the gate and asked me where was his wife. When he asked me where was his wife she told me to tell him she was not there, that she was up ait my father’s, Mr. Beecher’s.” This evidence was admissible as a part *630of the res gestae, as against the objections that it was hearsay, not spoken in the presence of the defendant, and that it was the saying-of the defendant’s wife, who was not a competent witness…
2Cases cited4 opinions
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Marcus v. StateSupreme Court of Georgia · 1919
- Washington v. StateSupreme Court of Georgia · 1911
- Bush v. StateSupreme Court of Georgia · 1899
3Cited by12 opinions
- Allen v. StateSupreme Court of Georgia · 1938
- Swain v. StateSupreme Court of Georgia · 1921
- Reece v. StateSupreme Court of Georgia · 1923
- McKie v. StateSupreme Court of Georgia · 1927
- Garrett v. StateSupreme Court of Georgia · 1924
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