Legal Opinion

McNaughton v. State

Supreme Court of Georgia

Decided July 13, 1911PublishedCited by 17 opinions

Indictment for murder. Before Judge Gilbert. Emanuel superior court. January 27, 1911. Dr. W. J. McNaughton and Mrs. Mat.tie Flanders were jointly indicted for the murder of Fred Flanders, the husband of the last-named defendant.

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Indictment for murder. Before Judge Gilbert. Emanuel superior court. January 27, 1911. Dr. W. J. McNaughton and Mrs. Mat.tie Flanders were jointly indicted for the murder of Fred Flanders, the husband of the last-named defendant. The indictment contained five counts, in the first, fourth, and fifth of which it was alleged that the homicide resulted from arsenic poisoning, arsenious oxide poisoning, and other poisons of like deadly character, the names of which were to the grand jurors unknown, administered directly by the defendants in different ways; and in the second and third, by causing…

1Opinion of the CourtAtkinson, J.

1. The fourth ground of the amended motion for new trial complained of the charge of the court, “as follows: “To warrant a conviction upon circumstantial evidence the proven facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis save that of the guilt of the accused. If both theories, that is the theory of guilt and the theory of innocence, are consistent with the proven facts, then you should give the benefit of the doubt to the defendant and acquit him,’ thereby laying down, movant contends, as a final test of when a conviction…

2Cases cited6 opinions

  1. Giles v. StateSupreme Court of Georgia · 1849
  2. Wall v. StateSupreme Court of Georgia · 1906
  3. Bell v. StateSupreme Court of Georgia · 1894
  4. Williams v. StateSupreme Court of Georgia · 1901
  5. Giles v. StateSupreme Court of Georgia · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hall v. StateSupreme Court of Georgia · 1913
  2. Hill v. StateSupreme Court of Georgia · 1946
  3. Lyles v. StateSupreme Court of Georgia · 1959
  4. Jefferson v. StateSupreme Court of Georgia · 1912
  5. Crawley v. StateSupreme Court of Georgia · 1921

12 more not listed; retrieve them via the Exa API.

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