Legal Opinion

Mitchell v. State

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 13 opinions

Criminal Law. Opprobrious Words. Before Judge Clark. Sumter Superior Court. October Adjourned Term, 1870. ■ The indictment charged Mitchell with assaulting Charles W. Hancock, on the 25th of October, 1870, with a stick, unlawfully beating him therewith, with intent to murder him.

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Criminal Law. Opprobrious Words. Before Judge Clark. Sumter Superior Court. October Adjourned Term, 1870. ■ The indictment charged Mitchell with assaulting Charles W. Hancock, on the 25th of October, 1870, with a stick, unlawfully beating him therewith, with intent to murder him. On the 17th of November, 1870, Mitchell moved to continue the cause because of the public excitement against him, which had been kept up by the fact that he was Chief Marshal of Americus, and a heated contest for city officers was on the 25th of October, 1870, and ever since, going on, Hancock being an editor of a…

1Opinion of the CourtEochrane, C. J.

The record in this case shows that the plaintiff in error was: indicted for an assault with intent to kill, that he moved to> continue the case upon the ground of public excitement against him, which was overruled, and the evidence introduced. During the progress of the trial the Judge asked counsel, in the presence of the jury, if they would consent to the jury dispersing. This inquiry was made twice and assented to, the jury separating; and the last time prisoner’s counsel objected, and the Court did not allow the separation. After the charge of the Court the jury found a verdict of guilty…

2Cited by13 opinions

  1. State v. JonesSupreme Court of Iowa · 1884
  2. Daniel v. StateSupreme Court of Georgia · 1897
  3. Buttersworth v. StateSupreme Court of Georgia · 1945
  4. Berry v. StateSupreme Court of Georgia · 1898
  5. Horton v. StateSupreme Court of Georgia · 1972

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