Legal Opinion

Boyd v. State

Supreme Court of Georgia

Decided May 12, 1911PublishedCited by 16 opinions

Indictment for murder. Before Judge "Worrill. Terrell superior court. September 17, 1910. The plaintiff in error (hereinafter called the defendant) was convicted of murder, and to the refusal of his motion for a new trial he excepted.

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Indictment for murder. Before Judge "Worrill. Terrell superior court. September 17, 1910. The plaintiff in error (hereinafter called the defendant) was convicted of murder, and to the refusal of his motion for a new trial he excepted. The evidence on behalf of the State was substantially as follows: Frank Bowen testified, that, while sitting in his house at about 7 o’clock at night, October 21, 1909, he heard a gun fire, and on going out found the deceased lying on the edge of the road just outside of his yard, with a wound about the size of a silver dollar in her stomach. The "wound was…

1Opinion of the CourtHolden, J.

1. The State introduced testimony that the defendant stated before the coroner’s inquest that he undertook to -take a gun from the deceased, and that “in tussling over the gun the gun went off.” Eeld, that the refusal of the court to permit the defendant to prove by the ' witness delivering such testimony that, in the statement about which he was testifying, the defendant also stated that the shooting of the deceased was an accident, was not error requiring a new trial, in view of the fact that the court subsequently reversed such ruling and permitted the defendant to make such proof by the…

2Cases cited2 opinions

  1. Mann v. StateSupreme Court of Georgia · 1906
  2. Futch v. StateSupreme Court of Georgia · 1892

3Cited by16 opinions

  1. Roberts v. StateSupreme Court of Georgia · 1939
  2. Freeman v. StateSupreme Court of Georgia · 1924
  3. West v. StateSupreme Court of Georgia · 1946
  4. Fox v. StateSupreme Court of Georgia · 1977
  5. Smith v. StateSupreme Court of Georgia · 1945

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