Horton v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Bartlett. Paulding superior court. March 18, 1904. Horton was indicted for the murder of Pearson. According to the testimony of Pearson’s widow, she and her husband, who were near neighbors of Horton, heard Horton’s wife crying, and heard Horton threatening her; and Pearson insisted on going to Horton’s house. Mrs. Pearson went there with him. Horton asked them to be seated, and was apparently in good humor.
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Indictment for murder. Before Judge Bartlett. Paulding superior court. March 18, 1904. Horton was indicted for the murder of Pearson. According to the testimony of Pearson’s widow, she and her husband, who were near neighbors of Horton, heard Horton’s wife crying, and heard Horton threatening her; and Pearson insisted on going to Horton’s house. Mrs. Pearson went there with him. Horton asked them to be seated, and was apparently in good humor. Pearson had been drinking, and, while there, took several more drinks of whisky, having sent one Johnson, whom he found there, to get a bottle of it.…
1Opinion of the CourtLamar, J.
No written request therefor having been presented, the failure to- charge on the credibility or impeachment of witnesses affords no sufficient reason for the grant of a new trial. We find no error in any of the other assignments, except in that relating to the court’s failure to charge on the subject of manslaughter. The judge charged the law of self-defense, and the evidence which made that proper also called for an instruction on the subject of manslaughter. Indeed, as we understand it, the trial judge did not base his omission to charge thereon upon the ground that there was no evidence to…
2Cases cited5 opinions
- Quattlebaum v. StateSupreme Court of Georgia · 1904
- Cochran v. StateSupreme Court of Georgia · 1901
- Harris v. StateSupreme Court of Georgia · 1904
- Edwards v. StateSupreme Court of Georgia · 1892
- Hatcher v. StateSupreme Court of Georgia · 1902
3Cited by25 opinions
- Coleman v. StateSupreme Court of Georgia · 1914
- Glaze v. StateCourt of Appeals of Georgia · 1907
- Steed v. StateSupreme Court of Georgia · 1905
- Partee v. StateCourt of Appeals of Georgia · 1917
- State v. ReillyNorth Dakota Supreme Court · 1913
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