Bailey v. State
Supreme Court of Georgia
Murder, in Taliaferro Superior Court. Decision by Judge Thomas, at February Term, 1858. At August Term, 1852, Pierce Bailey was indicted for the murder of his slave, and the grand jury returned a “ true bill.” At August Term, 1856, he was put upon his trial, and found guilty of voluntary manslaughter.
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Murder, in Taliaferro Superior Court. Decision by Judge Thomas, at February Term, 1858. At August Term, 1852, Pierce Bailey was indicted for the murder of his slave, and the grand jury returned a “ true bill.” At August Term, 1856, he was put upon his trial, and found guilty of voluntary manslaughter. Bailey carried the case to the Supreme Court, and at the Athens Term, Nov. 1856, that Court pronounced the following judgment: This case came before the Court upon a transcript of the record from the Superior Court of Taliaferro county, and after argument had, it is considered and adjudged that…
1Opinion of the Court
By the Court.
McDonald, .T.
delivering the opinion.
The verdict of the jury finding the plaintiff in error guilty of voluntary manslaughter was set aside and anew trial ordered at his instance. If the verdict had stood, it would have hecti an effectual bar, unquestionably, to another prosecution for murder, for the same homicide. The indictment charged tin; offence of murder only; but it was competent for the jury on the trial, not finding malice, to convict the accused of manslaughter. Such a conviction, without more, is an implied acquittal of the higher charge of murder. The plaintiff in…
2Cases cited1 opinion
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