Anderson v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Dart. Ware superior court. December 16, 1902. To the facts stated in the opinion it is sufficient to add the following : The indictment was for killing John Nettles. From the evidence it appeared that he was shot by the accused in June, and that in the ensuing October he died of the wounds thus inflicted.
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Indictment for murder. Before Judge Dart. Ware superior court. December 16, 1902. To the facts stated in the opinion it is sufficient to add the following : The indictment was for killing John Nettles. From the evidence it appeared that he was shot by the accused in June, and that in the ensuing October he died of the wounds thus inflicted. One of the grounds of the motion for a new trial was that a witness was allowed to testify to certain declarations of the deceased in regard to the shooting, over the objection that the declarant did not realize at the time they were made that he was in a…
1Opinion of the CourtSimmons, C. J.
Under an indictment for murder, Kizzie Anderson was found guilty of voluntary manslaughter; She moved for a new trial. The judge overruled the motion, and the movant excepted.
1. Evidence of certain declarations, made by the deceased while he was in articulo mortis, was admitted over the objection of the accused. The objection was that it did not appear that the accused realized at the time that he was in a dying condition. “ Dying declarations, made by any person in the article of death, who is conscious of his condition, as to the cause of his death and the person who killed him, are…
2Cases cited3 opinions
- Roberts v. StateSupreme Court of Georgia · 1901
- Murphey v. HarkerSupreme Court of Georgia · 1902
- Varnedoe v. StateSupreme Court of Georgia · 1886
3Cited by14 opinions
- Johnson v. StateSupreme Court of Georgia · 1930
- Daniels v. StateSupreme Court of Georgia · 1981
- Bivins v. StateSupreme Court of Georgia · 1946
- Holland v. StateCourt of Appeals of Georgia · 1908
- Phillips v. StateSupreme Court of Georgia · 1904
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