Patterson v. State
Supreme Court of Georgia
•Indictment for murder. Before Judge Freeman. Heard superior court. June 28, 1905. . Burrell Patterson and Mac Patterson were jointly indicted for the offense of murder. They elected to be tried separately; and Mac Patterson was tried and convicted. His motion for a new trial, based on the general grounds only, having been overruled, he excepted.
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•Indictment for murder. Before Judge Freeman. Heard superior court. June 28, 1905. . Burrell Patterson and Mac Patterson were jointly indicted for the offense of murder. They elected to be tried separately; and Mac Patterson was tried and convicted. His motion for a new trial, based on the general grounds only, having been overruled, he excepted. The evidence introduced by the State tended to show the following factsOn the 20th day of April, 1904, Burrell Patterson, son of the accused, had a difficulty with William Stewart. This resulted at the time in nothing serious, and the two separated.…
1Opinion of the CourtCobb, P. J.
The indictment charged each of the accused as principal in'the first degree. Under such an indictment, evidence that one of them was the actual perpetrator, and the other was present aiding and abetting in the commission of the offense, would be sufficient to authorize the conviction of the latter. One charged as principal in the first degree may be convicted on evidence showing him guilty as principal in the second degree. Morgan v. State, 120 Ga. 294, and cit. The only question in the case is whether the evidence is sufficient to show that Mae Patterson was present at the time of the…
2Cases cited3 opinions
- Thornton v. StateSupreme Court of Georgia · 1904
- Morgan v. StateSupreme Court of Georgia · 1904
- Walker v. StateSupreme Court of Georgia · 1903