Brown v. State
Supreme Court of Georgia
Criminal Law. Witness. Evidence. Charge of Court. Before Judge Tompkins. Chatham Superior Court. May Term, 1876. Brown was placed on trial for the murder of John James, alleged to have been committed on June 11th, 1876. ITe pleaded not guilty. The evidence made, in substance, the following case: The difficulty occurred about six o’clock in the evening, at Paulsen’s store, near the toll-gate, on the shell road leading into Savannah.
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Criminal Law. Witness. Evidence. Charge of Court. Before Judge Tompkins. Chatham Superior Court. May Term, 1876. Brown was placed on trial for the murder of John James, alleged to have been committed on June 11th, 1876. ITe pleaded not guilty. The evidence made, in substance, the following case: The difficulty occurred about six o’clock in the evening, at Paulsen’s store, near the toll-gate, on the shell road leading into Savannah. Deceased came into this store, purchased some cheese and crackers, and shared them with defendant, who followed him in. Deceased left his knife on the counter,…
1Opinion of the Court
Bleckley, Judge.
1. In making his own statement to the court and jury, *215the prisoner i's not under examination, and his counsel has no right to ask him questions. Doubtless the court might, at the prisoner’s request, permit questions to be put to him, as matter of discretion.
2. Where, at the time of the homicide, the person slain was making angry demonstrations against the slayer, having him by the coat-collar with one hand, and holding a pound-weight in the other hand, it is error, on the trial of the slayer for murder, to submit to the jury section 4694 of the Code, which relates to…
2Cited by16 opinions
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- Walker v. StateSupreme Court of Georgia · 1902
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