Brown v. State
Supreme Court of Georgia
Criminal law. Evidence. . New f.rial. Newly discovered evidence. Before Judge Buchanan. Monroe Superior Court. August Term, 1873. Kit Brown was placed on trial for the offense of murder, alleged to have béen committed upon the person of one Lindsey Johnson, on June 29th, 1873. The defendant pleaded not guilty.
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Criminal law. Evidence. . New f.rial. Newly discovered evidence. Before Judge Buchanan. Monroe Superior Court. August Term, 1873. Kit Brown was placed on trial for the offense of murder, alleged to have béen committed upon the person of one Lindsey Johnson, on June 29th, 1873. The defendant pleaded not guilty. The evidence for the state made, in substance, the following case: On the day specified in the indictment, the defendant was at the Sunday-school ground, near the Ocmulgee river, in Monroe county. He was heard to say that he did not come there to get a lesson, but to kill a negro, or to…
1Opinion of the Court
McCay, Judge.
1. The relations between the prisoner and deceased, whether they were friends or enemies, would seem in almost every homicide to be material. That they had a difficulty three-weeks before certainly tends to elucidate the question of malice. True, they may have made friends, but, prima facie,. we think it furnishes evidence going to show the state of mind* at the killing. The normal condition of men’s relations to’ each other, at least in society, is doubtless that of friendship-. But if that relation be shown to have been interrupted, we-think it not unfair to presume, prima…
2Cited by11 opinions
- Coleman v. StateSupreme Court of Georgia · 1914
- Daniel v. StateSupreme Court of Georgia · 1897
- Baker v. StateSupreme Court of Georgia · 1914
- Hartford Accident & Indemnity Co. v. SnyderCourt of Appeals of Georgia · 1972
- State v. MinellaSupreme Court of Iowa · 1916
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