Dozier v. State
Supreme Court of Georgia
Murder, in Muscogee. Tried before Judge Worriel, November Term, 1858. Dozier was put upon his trial for the murder of David Gunn, and found guilty. The defendant’s counsel moved the Court for a new trial on the following grounds : 1st. Because the Court omitted altogether to charge the jury on the subject of voluntary manslaughter. 2d.
Read the full summary
Murder, in Muscogee. Tried before Judge Worriel, November Term, 1858. Dozier was put upon his trial for the murder of David Gunn, and found guilty. The defendant’s counsel moved the Court for a new trial on the following grounds : 1st. Because the Court omitted altogether to charge the jury on the subject of voluntary manslaughter. 2d. Because the Court charged the -jury “ that every homicide is presumed to be malicious, and is, of course, murder, until the contrary appears; and the onus is on the defendant to prove the killing was of an inferior grade of homicide, or the jury must find him…
1Opinion of the Court
By the Court
Benning J.
delivering the opinion.
Was the Court below right in overruling the motion for a new trial? This is the question.
We think, that there is nothing in the first ground of the motion.
[1.] Does it follow from the Courts’ failing to charge in respect to voluntary manslaughter,- that the jury mistook the law of voluntary manslaughter, and mistook it to the prejudice of the accused? By no means. The jury were the judges of the law, as well as of the fact; and that the Judge decides right, is the presumption until the contrary be shown.
It does not appear, then, that this omission…
2Cases cited1 opinion
- Griffin v. StateSupreme Court of Georgia · 1854
3Cited by6 opinions
- Bailey v. StateSupreme Court of Georgia · 1883
- Compton v. StateSupreme Court of Georgia · 1934
- Freeman v. StateSupreme Court of Georgia · 1883
- Compton v. StateSupreme Court of Georgia · 1934
- Watkins v. StateTennessee Supreme Court · 1965
1 more not listed; retrieve them via the Exa API.