Legal Opinion

Patterson v. State

Supreme Court of Georgia

Decided December 21, 1905PublishedCited by 73 opinions

Indictment for murder. Before Judge Freeman. Heard superior court. June 19, 1905. The evidence disclosed that on the day of the killing the accused ■quarreled with Stewart, the deceased, and that subsequently Mac Patterson, father of the accused, gave him a pistol and directed him ito kill Stewart.

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Indictment for murder. Before Judge Freeman. Heard superior court. June 19, 1905. The evidence disclosed that on the day of the killing the accused ■quarreled with Stewart, the deceased, and that subsequently Mac Patterson, father of the accused, gave him a pistol and directed him ito kill Stewart. Immediately afterwards the accused walked across ■the court-house yard to within ten steps of Stewart, threw a brickbat at him, then shot him, and, after Stewart had fallen to the ground, shot him again. Either of the wounds was such as would have resulted in death. The defense set up was, that the…

1Opinion of the CourtCobb, P. J.

Error was assigned upon the failure of the court to declare a mistrial, because the solicitor-general in his argument used the following language: “The blood of this dead man calls upon you to punish this man and protect his family and relatives; and unless you have the manhood to write it in your verdict, you should be exiled from the good county of Heard.” We do not think this language called for a mistrial, or a rebuke from the judge. It introduced no fact, but was merely a forcible and possibly an extravagant method adopted by counsel of impressing upon the jury the 'enormity of the…

2Cases cited3 opinions

  1. Taylor v. StateSupreme Court of Georgia · 1904
  2. Walker v. StateSupreme Court of Georgia · 1903
  3. Sellers v. StateSupreme Court of Georgia · 1896

3Cited by73 opinions

  1. Conner v. StateSupreme Court of Georgia · 1983
  2. Georgia Power Co. v. PuckettSupreme Court of Georgia · 1935
  3. Hart v. StateSupreme Court of Georgia · 1971
  4. Leutner v. StateSupreme Court of Georgia · 1975
  5. Smith v. StateCourt of Appeals of Georgia · 1947

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