McDonald v. State
Supreme Court of Georgia
Criminal Law. Confessions. Evidence. Practice in Superior Court. Practice in Supreme Court. Before Judge Pair. Dooly Superior Court. March Term, 1883. Perry G. McDonald was indicted for assault and battery, alleged to have been committed on Stephen Woodward.
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Criminal Law. Confessions. Evidence. Practice in Superior Court. Practice in Supreme Court. Before Judge Pair. Dooly Superior Court. March Term, 1883. Perry G. McDonald was indicted for assault and battery, alleged to have been committed on Stephen Woodward. The fact that he caught Woodward by the beard, pulled him out of a buggy, and committed a battery upon him, was scarcely contested, but it was insisted by the defendant that Woodward grossly and repeatedly insulted him, and gave him such provocation as to justify the battery. The defendant was about twenty-five years of age, while…
1Opinion of the Court
Blandford, Justice.
The plaintiff in error was indicted for an assault and battery. The state, on the trial, offered to prove that a few days after the battery, accused said he wished he had broken every bone in prosecutor, on account of the manner in which he had been treated afterwards by prosecutor. This testimony was objected to by the accused as illegal. The objection- was overruled, by the court, and the evidence was allowed to go to the jury. Subsequently the court withdrew the evidence from the jury, upon motion of defendant’s counsel. The general rule is that, when the court has…
2Cases cited1 opinion
- Hall v. StateSupreme Court of Georgia · 1880
3Cited by12 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Fletcher v. StateSupreme Court of Georgia · 1892
- Glover v. StateSupreme Court of Georgia · 1907
- Kirk v. StateSupreme Court of Georgia · 1884
- Gearin v. StateCourt of Appeals of Georgia · 1993
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