Perry v. State
Supreme Court of Georgia
On application for mandamus nisi. 1. The Supreme Court will not by mandamus compel a judge of the superior court to certify a bill of exceptions assigning error upon his refusal to entertain an extraordinary motion for a new trial, based solely upon the ground of newly discovered evidence, when it appears that such evidence could not be legally admitted in case a new trial should be ordered. 2. It would not, in a trial for murder, be competent for the accused to introduce…
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On application for mandamus nisi. 1. The Supreme Court will not by mandamus compel a judge of the superior court to certify a bill of exceptions assigning error upon his refusal to entertain an extraordinary motion for a new trial, based solely upon the ground of newly discovered evidence, when it appears that such evidence could not be legally admitted in case a new trial should be ordered. 2. It would not, in a trial for murder, be competent for the accused to introduce evidence of a declaration by the deceased, not communicated to the accused before the homicide, to the effect that the…
1Opinion of the CourtLumpkin, P. J.
On Monday, March 8th, 1897, H. S. Perry, with a pistol, inflicted upon N. B. Lanier wounds from which he subsequently died. Perry was indicted for murder, and the facts of the case, as established at the trial, are as follows: Lanier had for some time been a boarder at a house occupied by Perry and his wife on Piedmont avenue, in the city of Atlanta, which, for convenience, will hereinafter be designated as “Perry’s house.” The relations existing between Lanier and Perry had been quite intimate and friendly. It was the habit of Lanier to address Perry as “Uncle Steve,” and there was no…
2Cases cited2 opinions
- Inman v. StateSupreme Court of Georgia · 1884
- Marshall v. StateSupreme Court of Georgia · 1884
3Cited by37 opinions
- Mitchell v. StateSupreme Court of Georgia · 1976
- Glover v. StateSupreme Court of Georgia · 1907
- Coggeshall v. ParkSupreme Court of Georgia · 1926
- Cohen v. StateSupreme Court of Georgia · 1902
- Gossett v. StateSupreme Court of Georgia · 1905
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