Crumley v. State
Court of Appeals of Georgia
Conviction of manslaughter; from Wilcox superior court—Judge Crum. September 3, 1918. The charge referred to in. the decision was as follows: “ Certain evidence as to alleged declarations of the deceased in this ease has been admitted for yonr consideration. Those alleged declarations are not admitted for your consideration as dying statements, and should not be considered by you as such.
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Conviction of manslaughter; from Wilcox superior court—Judge Crum. September 3, 1918. The charge referred to in. the decision was as follows: “ Certain evidence as to alleged declarations of the deceased in this ease has been admitted for yonr consideration. Those alleged declarations are not admitted for your consideration as dying statements, and should not be considered by you as such. However, a section of the code of this State declares that declarations accompanying an act, or so nearly conneetéd therewith in time as to be free from all suspicion of device or afterthought, are…
1Opinion of the CourtBloodworth, J.
1. “The State having made a counter-showing to the alleged newly discovered evidence, this court can not say that the trial judge abused his discretion in overruling the grounds of the motion for a new trial based on such evidence.” Champion v. State, 21 Ga. App. 656 (4), and cit. (94 S. E. 828); Cohen Co. v. Brown, 21 Ga. App. 668 (94 S. E. 811); Blount v. State, 18 Ga. App. 204 (4) (89 S. E. 78); Bradford v. Brand, 132 Ga. 642 (64 S. E. 688).
2. Complaint is made that the only eye-witness to the difficulty which resulted in the homicide was allowed to testify that, after the shooting, “Mr.…
2Cases cited7 opinions
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- City of Galveston v. BarbourTexas Supreme Court · 1884
- Hart v. PowellSupreme Court of Georgia · 1855
- Bradford v. BrandSupreme Court of Georgia · 1909
- Blount v. StateCourt of Appeals of Georgia · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rowland v. StateCourt of Appeals of Georgia · 1928
- Ralph v. StateCourt of Appeals of Georgia · 1921