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Johnson v. State

25 S.E. 940, 100 Ga. 78, 1896 Ga. LEXIS 551
CourtSupreme Court of Georgia
DecidedOctober 19, 1896
StatusPublished
Cited by14 cases

This text of 25 S.E. 940 (Johnson 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
Johnson v. State, 25 S.E. 940, 100 Ga. 78, 1896 Ga. LEXIS 551 (Ga. 1896).

Opinion

Atkinson, J.

A person indicted for the commission of a felony, other than one of those enumerated in section 1036 of the Penal Code, is entitled upon his trial to have the judge instruct the jury that it is within their power, in the event of conviction, to recommend that the accused he sentenced as for a misdemeanor. Such recommendation, while not conclusive upon the judge, is nevertheless a persuasive influence by which the jury may lawfully and appropriately appeal to his discretion; and the court should, whether so reguested or not, inform them as to the provisions of the above cited section of the code on this subject. The correctness of this conclusion is the more apparent when the policy of the law, as declared in section 1037 of the Penal Code, is considered. Judgment reuersed.

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Related

McRoy v. State
205 S.E.2d 445 (Court of Appeals of Georgia, 1974)
Johnson v. State
191 S.E.2d 614 (Court of Appeals of Georgia, 1972)
Harris v. State of Georgia
119 S.E.2d 352 (Supreme Court of Georgia, 1961)
Moody v. State
115 S.E.2d 526 (Supreme Court of Georgia, 1960)
Maxwell v. State
103 S.E.2d 162 (Court of Appeals of Georgia, 1958)
Summerville v. State
26 S.E.2d 301 (Court of Appeals of Georgia, 1943)
Singleton v. State
26 S.E.2d 736 (Supreme Court of Georgia, 1943)
McHenry v. State
199 S.E. 57 (Court of Appeals of Georgia, 1938)
Moore v. State
104 S.E. 907 (Supreme Court of Georgia, 1920)
Taylor v. State
81 S.E. 372 (Court of Appeals of Georgia, 1914)
Glover v. State
67 S.E. 687 (Court of Appeals of Georgia, 1910)
Taylor v. State
35 S.E. 161 (Supreme Court of Georgia, 1900)
Cunningham v. State
29 S.E. 926 (Supreme Court of Georgia, 1898)

Cite This Page — Counsel Stack

Bluebook (online)
25 S.E. 940, 100 Ga. 78, 1896 Ga. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-ga-1896.