Legal Opinion

Landis v. State

Supreme Court of Georgia

Decided February 20, 1883PublishedCited by 12 opinions

Criminal Law. Alibi. Before Judge Clark. City-Court of Atlanta. March Term, 1882. Landis was tried in the city court of Atlanta on an accusation charging him with malicious mischief. One ground of his defence rested upon an alibi. He was found guilty, moved for a new trial, which was refused, and he excepted. For the other facts, see the decision.

1Opinion of the Court

Hall, Justice.

The only assignment of error made by this record that we deem it necessary to notice, is that made upon the judge’s charge on the effect of the evidence had in the case upon the subject of the defendant’s proof of an alibi.

The able and experienced judge who tried the case charged the jury that, “ if the evidence, irrespective of the alibi, convinced their minds, beyond a reasonable doubt,' of the commission of the offence set forth in the accusation, and of the identity of the defendant as the person who committed it, and if they believed from the evidence that the defendant was…

2Cases cited5 opinions

  1. French v. StateIndiana Supreme Court · 1859
  2. State v. WatermanNevada Supreme Court · 1865
  3. Pollard v. StateMississippi Supreme Court · 1876
  4. Johnson v. StateSupreme Court of Georgia · 1877
  5. Ware v. StateSupreme Court of Georgia · 1881

3Cited by12 opinions

  1. Harrison v. StateSupreme Court of Georgia · 1889
  2. Danforth v. StateSupreme Court of Georgia · 1886
  3. Albritton v. StateSupreme Court of Alabama · 1891
  4. Smith v. StateCourt of Appeals of Georgia · 1907
  5. Ransom v. StateCourt of Appeals of Georgia · 1907

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