Legal Opinion

Davis v. State

Supreme Court of Georgia

Decided July 15, 1876PublishedCited by 10 opinions

Criminal law. Indictment. Charge of Court. Before Judge Clark. Houston Superior Court. November Adjourned Term, 1875. It is only necessary to add to the report contained in the decision, the explanatory note annexed by the judge to the charge set forth in the second head-note, upon certifying the grounds of the motion for new trial to be true.

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Criminal law. Indictment. Charge of Court. Before Judge Clark. Houston Superior Court. November Adjourned Term, 1875. It is only necessary to add to the report contained in the decision, the explanatory note annexed by the judge to the charge set forth in the second head-note, upon certifying the grounds of the motion for new trial to be true. This note is substantially as follows: It has been my practice to allow our colored population every indulgence, knowing their want of legal knowledge. I went much further, and charged the jury that they were the sole judges of the guilt or innocence of…

1Opinion of the Court

Warner, Chief Justice.

The defendant was indicted for the offense of robbery, and on the trial therefor, was found guilty. A motion was made for a new trial on the several grounds stated therein, which was overruled by the court, and the defendant excepted.

It appears from the record that the indictment contained two counts, the one charging the defendant with the offense of “robbery,” the other charging him with the offense of an “assault and battery.” On being arraigned, the defendant demurred to the indictment on the ground that he was charged therein with two separate and distinct offenses…

2Cited by10 opinions

  1. Dingler v. StateSupreme Court of Georgia · 1975
  2. Gilbert v. StateSupreme Court of Georgia · 1880
  3. Webb v. StateSupreme Court of Georgia · 1933
  4. Patterson v. StateSupreme Court of Georgia · 1936
  5. Doyle v. StateSupreme Court of Georgia · 1886

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