Johnson v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Callaway. Richmond superior court. April term, 1898. Humphrey Johnson was indicted for murder in the slaying of Clarence Merian, and was found guilty of manslaughter. His motion for a. new trial was overruled, and he excepted.
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Indictment for murder. Before Judge Callaway. Richmond superior court. April term, 1898. Humphrey Johnson was indicted for murder in the slaying of Clarence Merian, and was found guilty of manslaughter. His motion for a. new trial was overruled, and he excepted. In the charge to the jury appears a summary of the contentions of each side of the ease, in substance as follows: The State contends, that on the night of the day charged in the indictment, at Dan Bowles’s store, the defendant and Merian started to play, and while engaged in playing and tussling became angered, or some words passed…
1Opinion of the CourtSimmons, C. J.
The official report states all the facts nec eary to a clear understanding of the ease. We have carefu road and considered the whole record, and the only error in able and admirable chai’ge of our learned young brother on circuit bench is found in that ground of the motion for new ti which is dealt with in the first headnote. That error is so mi rial and of such a nature that we are compelled to grant a n trial. The charge upon the point indicated is in direct c *669lict with the ruling of this court in the case of Cumming v. State, 99 Ga. 662. We presume the attention of our learned Mother, the…
2Cases cited1 opinion
- Cumming v. StateSupreme Court of Georgia · 1896
3Cited by12 opinions
- Roberts v. StateSupreme Court of Georgia · 1901
- Howell v. StateSupreme Court of Georgia · 1926
- Fallon v. StateCourt of Appeals of Georgia · 1909
- Morton v. StateSupreme Court of Georgia · 1940
- Rouse v. StateSupreme Court of Georgia · 1911
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