Jackson v. State
Supreme Court of Georgia
Criminal law. Demurrer. Evidence. Witness. Practice in the Superior Court. Alibi. Accomplice. Threats. Charge of Court. New trial. Before Judge Crisp. Lee Superior Court. March Term, 1879. Jackson, Jones and Daniel were jointly indicted for the murder of Whitsett, alleged to have been committed on the 13th of October, 1878. The defendants severed and Jackson wras first placed on trial. The evidence against him consisted mainly of the testimony of Daniel, an accomplice.
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Criminal law. Demurrer. Evidence. Witness. Practice in the Superior Court. Alibi. Accomplice. Threats. Charge of Court. New trial. Before Judge Crisp. Lee Superior Court. March Term, 1879. Jackson, Jones and Daniel were jointly indicted for the murder of Whitsett, alleged to have been committed on the 13th of October, 1878. The defendants severed and Jackson wras first placed on trial. The evidence against him consisted mainly of the testimony of Daniel, an accomplice. Whitsett was undoubtedly assassinated by being shot through the window of his room with a load of buck-shot. Daniel swore…
1Opinion of the Court
Bleckley,' Justice.
1. A motion to quash an indictment is in the nature of a demurrer, and ought to be rested upon some matter apparent upon the face of the indictment or elsewhere in the record. 4 Halst., 293; 19 Conn., 477. Such a motion cannot bring to the attention of the court a fact disconnected *347with the prior proceedings and the truth of which depends upon evidence dehors the record. The indictment alleged that the mortal wound was given on a certain specified day, and that on the same day the man died. The motion to quash set up that the man was in life on that day and for many days…
2Cases cited6 opinions
- McLane v. StateSupreme Court of Georgia · 1848
- Skipper v. StateSupreme Court of Georgia · 1877
- Johnson v. StateSupreme Court of Georgia · 1877
- Wickwire v. StateSupreme Court of Connecticut · 1849
- Goldsmith v. StateSupreme Court of Georgia · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Harrison v. StateSupreme Court of Georgia · 1889
- Clark v. StateCourt of Appeals of Georgia · 1976
- McDonald v. StateSupreme Court of Georgia · 1966
- Millhollan v. StateSupreme Court of Georgia · 1965
- Adkins v. StateSupreme Court of Georgia · 1897
14 more not listed; retrieve them via the Exa API.