Legal Opinion

Mitchum v. State

Supreme Court of Georgia

Decided July 15, 1852No. 72PublishedCited by 172 opinions

Indictment for murder, in Stewart Superior Court. Tried before Judge Iverson. May Term, 1852. The plaintiff was placed upon his trial under an indictment, charging him with the murder of William R. Morris.

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Indictment for murder, in Stewart Superior Court. Tried before Judge Iverson. May Term, 1852. The plaintiff was placed upon his trial under an indictment, charging him with the murder of William R. Morris. The State introduced Wayne W. Eilands, who testified that lie was present at the time a difficuhy occurred between W. R. Morris and prisoner, on the 1st Monday in October, 1851, at the house of witness, in Florence, Stewart County.' Morris was standing at the counter of witness for an hour; had taken three drinks; commenced singing and talking, which caused him to cough and vomit. .…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The errors complained of in this case, grew out of a refusal to grant the prisoner a new trial. And first, it is claimed that the presiding Judge erred in refusing a new trial upon the ground that it was not proven that the crime with which the prisoner was charged, was committed within the jurisdiction of the Court. By the Constitution of the State it was triable alone in the County where it was committed, and the Court had jurisdiction over it no where else; to give jurisdiction, therefore, it was necessary to prove that it -was committed…

2Cited by172 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1976
  2. Cross v. StateSupreme Court of Alabama · 1881
  3. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  4. New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
  5. Cawthon v. StateSupreme Court of Georgia · 1904

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