Cook v. State

Supreme Court of Georgia

Cook v. State

1 Ga. L. Rep. 420

DecidedApril 27, 1886

StatusPublished

This text of 1 Ga. L. Rep. 420 (Cook 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

Cook v. State, 1 Ga. L. Rep. 420 (Ga. 1886).

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Opinion

Hall, J,

There was no error in charging that, in order to make the homicide for which the defendant was tried murder, it must have been committed with malice aforethought; “that is, it must exist prior to the killing ; it is not necessary that it should exist for any considerable length of time; if it exist a moment before the killing, it is malice aforethought in law.” 70 Ga., 617, 620.

(a) The charge of the presiding judge in this case fully and fairly submitted all the law applicable to the case, and it is not denied that the evidence sustained, if it did not require, the verdict.

Judgment affirmed.

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Hall, J,

There was no error in charging that, in order to make the homicide for which the defendant was tried murder, it must have been committed with malice aforethought; “that is, it must exist prior to the killing ; it is not necessary that it should exist for any considerable length of time; if it exist a moment before the killing, it is malice aforethought in law.” 70 Ga., 617, 620.

(a) The charge of the presiding judge in this case fully and fairly submitted all the law applicable to the case, and it is not denied that the evidence sustained, if it did not require, the verdict.

Judgment affirmed.

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Bluebook (online)

1 Ga. L. Rep. 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-ga-1886.

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