Legal Opinion

Simmons v. State

Supreme Court of Georgia

Decided April 21, 1890PublishedCited by 10 opinions

Criminal law. Charge of court. Evidence. Before Judge Honey. Columbia superior court. 'September term, 1889. Indictment for burglary. On the trial it appeared that on the night of May 15, 1889, the store of A. S. Hardin, at Sawdust in Columbia county, was broken open, apparently with a bar, and goods worth about $150 were taken from it. Among these goods were a large number of pairs of shoes of different kinds.

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Criminal law. Charge of court. Evidence. Before Judge Honey. Columbia superior court. 'September term, 1889. Indictment for burglary. On the trial it appeared that on the night of May 15, 1889, the store of A. S. Hardin, at Sawdust in Columbia county, was broken open, apparently with a bar, and goods worth about $150 were taken from it. Among these goods were a large number of pairs of shoes of different kinds. About one o’clock in the afternoon before the breaking the defendant was in Hardin’s store. He bought some gingersnaps, and looked at and selected a pair of shoes similar to a pair…

1Opinion of the Court

Bleckley, Chief Justice.

There was no contest at the trial and no ground for any in the evidence as to the corpus delicti. The sole questionable element of the case was as to whether the person accused and on trial was the burglar. The inculpatory evidence tending to identify him as the guilty party was wholly circumstantial. It was very strong evidence, and had he been convicted without any substantial error of the court in charging the jury, we should have been altogether satisfied with the verdict. It seems from the record that the jury hesitated. They *228remained out from twelve to twenty…

2Cases cited2 opinions

  1. Martin v. StateSupreme Court of Georgia · 1868
  2. Orr v. StateSupreme Court of Georgia · 1866

3Cited by10 opinions

  1. Fortson v. StateCourt of Appeals of Georgia · 1943
  2. Mims v. StateCourt of Appeals of Georgia · 1993
  3. Morris v. StateSupreme Court of Georgia · 1933
  4. Adams v. StateSupreme Court of Georgia · 1932
  5. Johnson v. StateCourt of Appeals of Georgia · 1993

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