Legal Opinion

Moon v. State

Supreme Court of Georgia

Decided February 15, 1882PublishedCited by 42 opinions

Criminal Law. Jurors. Practice in Superior Court. Evidence. Presumptions. Practice in Supreme Court. Before Judge HARRIS. Carroll Superior Court. October Term, 1881. Moon was indicted for the murder of J. D. Ward. On the trial, the evidence for the state was, in brief, as follows : The defendant cherished ill feeling against the deceased on account of some previous misunderstanding between them.

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Criminal Law. Jurors. Practice in Superior Court. Evidence. Presumptions. Practice in Supreme Court. Before Judge HARRIS. Carroll Superior Court. October Term, 1881. Moon was indicted for the murder of J. D. Ward. On the trial, the evidence for the state was, in brief, as follows : The defendant cherished ill feeling against the deceased on account of some previous misunderstanding between them. On January 4th, 1881, he purchased a shot-gun and ammunition, and made threats to several parties that he intended to kill Ward. On the evening of January 4th, between sundown and dark, he was at the…

1Opinion of the Court

Speer, Justice.

Plaintiff in error was indicted for the offence of murder, of which he was convicted by the jury. He made a motion for a new trial, which was overruled, and he excepted.

(1.), (2.) The first and second grounds of the motion were, the verdict was contrary to evidence and to law and the charge of the court.

(3.) Because there were not 48 jurors empanelled and put upon prisoner. It appearing there were 24 jurors of the regular panel and 24 tales jurors. The name of M. D. Reid appearing as number three of the regular panel, the solicitor general announced there was no such man on the…

2Cases cited5 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1853
  2. Mayor of Columbus v. GoetchiusSupreme Court of Georgia · 1849
  3. Thomas v. StateSupreme Court of Georgia · 1859
  4. Georgia Railroad & Banking Co. v. HamiltonSupreme Court of Georgia · 1877
  5. Mathis v. StateSupreme Court of Georgia · 1855

3Cited by42 opinions

  1. Williams v. GeorgiaSupreme Court of the United States · 1955
  2. Adams v. StateSupreme Court of Florida · 1891
  3. Hughes v. StateTennessee Supreme Court · 1912
  4. Chandle v. StateSupreme Court of Georgia · 1973
  5. East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890

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