Westbrook v. State
Supreme Court of Georgia
Indictmeut for murder. Before Judge Mitchell. Tift superior court. July 29, 1909. Cleveland Westbrook was convicted of murder, without recommendation. Iiis motion for new trial was overruled, and he excepted. In the motion it was contended that the evidence was of such character as to reduce the homicide to voluntary manslaughter, and complaint was made that the judge failed to charge the jury the law applicable to that offense.
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Indictmeut for murder. Before Judge Mitchell. Tift superior court. July 29, 1909. Cleveland Westbrook was convicted of murder, without recommendation. Iiis motion for new trial was overruled, and he excepted. In the motion it was contended that the evidence was of such character as to reduce the homicide to voluntary manslaughter, and complaint was made that the judge failed to charge the jury the law applicable to that offense. The defendant was a convict working on the chain-gang in Tift county. It does not appear whether he was a felony or a misdemeanor convict. J. M. Davis, a witness for…
1Opinion of the CourtAtkinson, J.
The Penal Code of 1895 contains the following: “§1147. No whipping shall be administered to a convict by a whipping-boss or other officer or person, except in cases where it is reasonably necessary to enforce discipline or compel work or labor by the convict.” Other statutes relating to the government and treatment of convicts are: Penal Code, §§1146, 1148, 1149, 1170, 1171; Acts 1897, p. 72, sec. 6; Acts 1903, pp. 67-8, sec. 2; Acts 1908, pp. 1124-26, secs. 10-13. There are no statutes which tend to change any provision of any of these, as to the policy of the State, or power of those in…
2Cases cited1 opinion
- Jim v. StateSupreme Court of Georgia · 1854
3Cited by7 opinions
- Jackson v. BishopCourt of Appeals for the Eighth Circuit · 1968
- Loeb v. JenningsSupreme Court of Georgia · 1910
- Irwin v. ArrendaleCourt of Appeals of Georgia · 1967
- State v. . RevisSupreme Court of North Carolina · 1927
- Moss v. HyerWest Virginia Supreme Court · 1934
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