Legal Opinion

Hill v. State

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 46 opinions

Criminal Daw. Evidence, etc. Before Judge Clark. Sumter Superior Court. August Special Term, 1870. Eayette Hill was indicted for the murder of John Wormack 'in said county,- on the 1st of August, 1870, with a ball shot from a pistol. The indictment, as originally written, charged the assault on said day in usual form, and in charging the death said Wormack “within one year from the day first aforesaid,” died.

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Criminal Daw. Evidence, etc. Before Judge Clark. Sumter Superior Court. August Special Term, 1870. Eayette Hill was indicted for the murder of John Wormack 'in said county,- on the 1st of August, 1870, with a ball shot from a pistol. The indictment, as originally written, charged the assault on said day in usual form, and in charging the death said Wormack “within one year from the day first aforesaid,” died. Before the trial, but when did not appear, Mr. Whiteley, the Solicitor General, had stricken out said quoted words and in lieu of them had interlined “then and there.” After the…

1Opinion of the CourtLochrane, C. J.

This case- presents, by the ¡record, some questions of great public interest, in the administration of the criminal -laws of this State.

1. The indictment, upon which the plaintiff in error was arranged and plead not guilty, and upon which a jury were empanelled, was taken by the Solicitor General to the grand jury room, and in the presence of the foreman and some of the grand jury (number not known,) changed as follows: The indictment contained these words, “of which mortal wound the said John Wormack,-within one year from the day first aforesaid, died.” The Solicitor General struck out…

2Cited by46 opinions

  1. State v. EubanksSupreme Court of Georgia · 1977
  2. Henderson v. StateSupreme Court of Georgia · 1970
  3. Shouse v. StateSupreme Court of Georgia · 1974
  4. Lyles v. StateSupreme Court of Georgia · 1908
  5. Goodrum v. StateSupreme Court of Georgia · 1878

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