McLeroy v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Holden. Madison superior court. January 1, 1906. The defendant was convicted of murder, with a recommendation to mercy. From the evidence it appeared that he and the deceased had attended a picnic. Returning home, they, with others, sought shelter from the rain in a house. While at the house, the defendant, Henry Williams, Will Davis, Tom Davis, and others went under the well-shelter and weré talking. The defendant was a brother of Crawf.
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Indictment for murder. Before Judge Holden. Madison superior court. January 1, 1906. The defendant was convicted of murder, with a recommendation to mercy. From the evidence it appeared that he and the deceased had attended a picnic. Returning home, they, with others, sought shelter from the rain in a house. While at the house, the defendant, Henry Williams, Will Davis, Tom Davis, and others went under the well-shelter and weré talking. The defendant was a brother of Crawf. Muckle (McLeroy) and a brother-in-law of Henry Williams. George David testified that it was Henry Williams and Grawf.…
1Opinion of the CourtAtkinson, J.
1. The evidence was not sufficient to authorize the jury to conclude that the defendant fired the fatal shot. No witness would pretend to say that he did. The most that could be said was that the defendant was one of four who from different directions fired with pistols at the same time upon the deceased. Two shots took effect, either of which may have been fatal. The others missed or failed to penetrate. There was really no way of placing the author of the two effective shots, except by the course from which the bullets had come. The wounds did not indicate that, either bullet had come from…
2Cases cited3 opinions
- Dixon v. StateSupreme Court of Georgia · 1902
- Davis v. StateSupreme Court of Georgia · 1901
- Hudgins v.StateSupreme Court of Georgia · 1878
3Cited by35 opinions
- Harris v. StateSupreme Court of Georgia · 1976
- Hurt v. StateSupreme Court of Georgia · 1977
- Weaver v. StateSupreme Court of Georgia · 1910
- National Association for Advancement of Colored People v. OverstreetSupreme Court of Georgia · 1965
- Chappell v. StateSupreme Court of Georgia · 1953
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