Carver v. State

Supreme Court of Georgia

Carver v. State

30 S.E. 433, 105 Ga. 461, 1898 Ga. LEXIS 537

CourtSupreme Court of Georgia

DecidedMarch 22, 1898

StatusPublished

Cited by3 cases

This text of 30 S.E. 433 (Carver v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carver v. State, 30 S.E. 433, 105 Ga. 461, 1898 Ga. LEXIS 537 (Ga. 1898).

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Opinion

Fish, J.

There was no error in admitting evidence, nor in that portion of the charge of the court to which special exception is taken. Though a charge upon the law of voluntary manslaughter was barely warranted, the fact that such a charge was given does not, in the [462]*462present case, present any reason for granting the accused, who was convicted of this offense, a new trial; for the State’s evidence made against him a case of murder, and there was 'no testimony which would' have justified an acquittal. The homicide being manifestly felonious, and the verdict being the.most favorable to the accused which could, in any view of the case, have been rendered, he was not injured by an instruction which afforded the jury an opportunity to thus grade the crime.

Argued February 22, Decided March 22, 1898.

Indictment for murder. Before Judge Sweat. Coffee superior court. October term, 1897.

A. E. Cochran, for plaintiff in error. J ohn W. Bennett, solicitor-general, contra.

Judgment affirmed.

All concurring, except Cobb, J., absent.

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Fish, J.

There was no error in admitting evidence, nor in that portion of the charge of the court to which special exception is taken. Though a charge upon the law of voluntary manslaughter was barely warranted, the fact that such a charge was given does not, in the [462]*462present case, present any reason for granting the accused, who was convicted of this offense, a new trial; for the State’s evidence made against him a case of murder, and there was 'no testimony which would' have justified an acquittal. The homicide being manifestly felonious, and the verdict being the.most favorable to the accused which could, in any view of the case, have been rendered, he was not injured by an instruction which afforded the jury an opportunity to thus grade the crime.

Argued February 22, Decided March 22, 1898.

Indictment for murder. Before Judge Sweat. Coffee superior court. October term, 1897.

A. E. Cochran, for plaintiff in error. J ohn W. Bennett, solicitor-general, contra.

Judgment affirmed.

All concurring, except Cobb, J., absent.

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Bluebook (online)

30 S.E. 433, 105 Ga. 461, 1898 Ga. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carver-v-state-ga-1898.

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