McDonald v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Martin. Pulaski superior court. July 26, 1907. Gordon McDonald, alias J. B. McDonald, was convicted of murder for the killing of Colar Clianey. The case is before this court for review on a writ of error sued out by the accused assigning error upon the overruling of his motion for a new trial.
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Indictment for murder. Before Judge Martin. Pulaski superior court. July 26, 1907. Gordon McDonald, alias J. B. McDonald, was convicted of murder for the killing of Colar Clianey. The case is before this court for review on a writ of error sued out by the accused assigning error upon the overruling of his motion for a new trial. According to the testimony for the State, two of whose witnesses claimed to have been eye-witnesses to the tragedy, Colar Chaney, Ilersehel Burns, Maud Wynne (one of the State’s witnesses), and the accused and his wife were peaceably and quietly sitting around the…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. There was no merit in the first ground of the amendment to the motion for a new trial. The court, in stating the contention of the accused, informed the jury that the accused claimed that he was justified in shooting Colar Craney, that he did so in order to save his own life; and instructed them that if he shot *458to protect his own life, he would be guilty of no offense. The court merely repeated, in substance, the defense set up by the accused in his statement on the trial, viz.: that he had to kill or be killed, that he shot to save his own life — that he had to…
2Cases cited2 opinions
- Glover v. StateSupreme Court of Georgia · 1907
- Nix v. StateSupreme Court of Georgia · 1904
3Cited by9 opinions
- Summerlin v. StateSupreme Court of Georgia · 1908
- Jackson v. StateCourt of Appeals of Georgia · 1937
- Bell v. StateCourt of Appeals of Georgia · 1933
- McKenzie v. StateCourt of Appeals of Georgia · 1945
- Veal v. StateCourt of Appeals of Georgia · 1910
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