Davis v. State
Supreme Court of Georgia
Indictment for murder. Before .Judge Graham. Treutlen superior court. October 24, 1921. Davis and three others were jointly indicted. The indictment contains five counts, in each of which it is charged that defendants “ did kill and murder one William H. Hall, . . contrary to the laws of said State, the good order, peace, and dignity thereof.”
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Indictment for murder. Before .Judge Graham. Treutlen superior court. October 24, 1921. Davis and three others were jointly indicted. The indictment contains five counts, in each of which it is charged that defendants “ did kill and murder one William H. Hall, . . contrary to the laws of said State, the good order, peace, and dignity thereof.” The first count charges that the defendants administered to the deceased chloral hydrate poison in whisky, which produced death; the second count is substantially the same as the first, except that the amount of chloral hydrate poison administered is…
1Opinion of the CourtGilbert, J.
1. The demurrer to the indictment contains five grounds, as shown by the statement of facts. None of the grounds of this demurrer are meritorious, and the court properly so held. One ground of the demurrer complains that it is not alleged in the indictment “ that the killing of the deceased by the defendant was unlawful.” The word “ murder,” as used in this connection in the indictment, has a clear legal meaning. It is not a mere conclusion. The statute law, as found in the Penal Code (1910), § 60, declares: “ Murder is the unlawful killing of a human being in the peace of the State, bjr a…
2Cases cited10 opinions
- Andrews v. StateSupreme Court of Georgia · 1903
- Travelers Insurance v. ThorntonSupreme Court of Georgia · 1904
- Coxwell v. StateSupreme Court of Georgia · 1881
- Crawley v. StateSupreme Court of Georgia · 1921
- Purvis v. Atlanta Northern Railway Co.Supreme Court of Georgia · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Dix v. StateSupreme Court of Georgia · 1977
- Emory University v. LeeCourt of Appeals of Georgia · 1958
- Eason v. StateSupreme Court of Georgia · 1962
- Woods v. AndersenCourt of Appeals of Georgia · 1978
- Aycock v. StateSupreme Court of Georgia · 1939
25 more not listed; retrieve them via the Exa API.