Jordan v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Reagan. Spalding superior court. November 11, 1905. Henry Jordan was convicted under an indictment charging him with murder, and assigns error upon the refusal of the judge to grant him a new trial. Carrie Varner, a witness for the State, testified as follows: Henry Jordan and Mattie Jordan were at the home of the witness, and were talking about going to Fred Connor’s, Henry told her she was not going without putting on her shoes.
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Indictment for murder. Before Judge Reagan. Spalding superior court. November 11, 1905. Henry Jordan was convicted under an indictment charging him with murder, and assigns error upon the refusal of the judge to grant him a new trial. Carrie Varner, a witness for the State, testified as follows: Henry Jordan and Mattie Jordan were at the home of the witness, and were talking about going to Fred Connor’s, Henry told her she was not going without putting on her shoes. Mattie J ordan said, one of her feet was swollen, and it hurt her to wear shoes, and she was going anyway. Henry was sitting in…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) Even if it can not be said that the testimony, taken as a whole, establishes that there was no intention to kill, it certainly can be, with confidence, asserted that it does not appear beyond a reasonable doubt that there was such an intention. If there was no intent to kill, the accused was not guilty of murder, unless the killing happened in the commission of an unlawful act which in its consequences naturally tended to destroy the life of a human being. Penal Code, §66. The throwing of the rock was an assault, and was, of course, an unlawful act. In…
2Cases cited4 opinions
- Crawford v. StateSupreme Court of Georgia · 1893
- Ray v. StateSupreme Court of Georgia · 1854
- Taylor v. StateSupreme Court of Georgia · 1899
- Henry v. StateSupreme Court of Georgia · 1863
3Cited by14 opinions
- Dorsey v. StateSupreme Court of Georgia · 1906
- Warnack v. StateCourt of Appeals of Georgia · 1908
- Joiner v. StateSupreme Court of Georgia · 1907
- Kennedy v. StateSupreme Court of Georgia · 1940
- Hunter v. StateSupreme Court of Georgia · 1918
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