Summerlin v. State
Supreme Court of Georgia
The Court of Appeals certified the following questions in Cases Nos. 1632, 1637, requesting instruction from the Supreme .Court: “ The special presentment contained three counts. The first count charged murder.
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The Court of Appeals certified the following questions in Cases Nos. 1632, 1637, requesting instruction from the Supreme .Court: “ The special presentment contained three counts. The first count charged murder. The second count (the formal parts omitted) charged the defendants ‘with the offense of involuntary manslaughter in the commission of an unlawful act; for that the said W. G. Waters and M. T. Summerlin, in the county and State aforesaid, on the 20th day of February in the year of our Lord nineteen hundred and nineteen, with force and arms, and without any intention to do so, but in the…
1Opinion of the CourtGilbert, J.
It is contended by plaintiffs in error that the facts alleged in the second count of the special presentment do not legally constitute the offense of involuntary manslaughter, because the General Assembly provided by the act of 1816 (Acts 1816, p. 113) special punishment for all offenses growing out of criminal abortions and attempts to perform criminal abortions. The correctness of this contention depends upon whether either of the three sections of the act of 1816 applies to the facts alleged in’ the second count of the special presentment. If that inquiry can be answered in the…
2Cases cited5 opinions
- State v. PowerWashington Supreme Court · 1901
- Worthington v. StateCourt of Appeals of Maryland · 1901
- Sullivan v. StateSupreme Court of Georgia · 1904
- Barrow v. StateSupreme Court of Georgia · 1904
- Taylor v. StateSupreme Court of Georgia · 1899
3Cited by12 opinions
- Porter v. LassiterCourt of Appeals of Georgia · 1955
- Biegun v. StateSupreme Court of Georgia · 1950
- Brinkley v. StateSupreme Court of Georgia · 1984
- Summerlin v. StateCourt of Appeals of Georgia · 1920
- Citron v. GhaffariCourt of Appeals of Georgia · 2000
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