Reports of Cases Decided in the Supreme Court of the State of Georgia at the

Reports of Cases Decided in the Supreme Court of the State of Georgia at the

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...J. There was no abuse of discretion in granting a first new trial in this case. Judgment aflirmed. All the Justices concur. Auousr 12, 1913. Action for damages. Before Judge Fite. Gordon superior court. April 15, 1912. O. N. Starr and D. W. Blair, for plaintifi in error. Maddox, McC'amy ct Shumate and T. W. Skelly, contra. Jonas v. Tun STATE. Arxrusou, J. 1. On the trial the evidence tended to show that the homi cide was murder without any mitigating circumstances, but the accused in his statement claimed that it was an accidental killing. The judge defined reasonable doubt, and otherwise fully charged the jury on that subject. Immediately following such charge he also instructed the jury on the law of accidental killing, thus: "The law says no person shall be convicted of any crime or misdemeanor that is the result of an accident or misfortune; and in this case the court charges you that if you are satisfied from the evidence in this case that the person alleged to have been killed, if he was killed, and you are satisfied that it was an accidental killing, and that there was no evil desire or intention or criminal negligence, you would not be authorized to find the defendant guilty." After giving the instruction just quoted he proceeded to charge the law in regard to the prisoner's statement, after which he concluded with the charge: "If you are not satisfied to a moral certainty and beyond a. reasonable doubt of the material allegations in the bill of indictment, or if you have any reasonable doubt in this case, it would be your duty to give the benefit of that doubt to the defendant and acquit him." Held, that the charge in regard to homicide by accident was not error on the ground that it destroyed the effect of more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123651887X
  • 9781236518873