Lester v. State

Supreme Court of Georgia

Lester v. State

54 S.E. 749, 125 Ga. 747, 1906 Ga. LEXIS 258

CourtSupreme Court of Georgia

DecidedJuly 2, 1906

StatusPublished

Cited by2 cases

This text of 54 S.E. 749 (Lester 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

Lester v. State, 54 S.E. 749, 125 Ga. 747, 1906 Ga. LEXIS 258 (Ga. 1906).

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Opinion

Cobb, P. J.

The evidence for the State authorized a verdict for murder. The accused introduced no evidence, but his statement,, if credible, authorized an acquittal. There was no view of the evidence or statement of the accused under which a verdict for voluntary manslaughter could be legally rendered. A new trial should have been granted upon the ground that the verdict finding the accused guilty of voluntary-manslaughter was contrary to the evidence. Herrington v. State, ante, 745, and cit.

Judgment reversed.

All the Justices concur, except Fish, G. J., absent. Lewis C. Bussell, for plaintiff in error. 8. J. Tribble, solicitor-general, contra.

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Cobb, P. J.

The evidence for the State authorized a verdict for murder. The accused introduced no evidence, but his statement,, if credible, authorized an acquittal. There was no view of the evidence or statement of the accused under which a verdict for voluntary manslaughter could be legally rendered. A new trial should have been granted upon the ground that the verdict finding the accused guilty of voluntary-manslaughter was contrary to the evidence. Herrington v. State, ante, 745, and cit.

Judgment reversed.

All the Justices concur, except Fish, G. J., absent. Lewis C. Bussell, for plaintiff in error. 8. J. Tribble, solicitor-general, contra.

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Bluebook (online)

54 S.E. 749, 125 Ga. 747, 1906 Ga. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lester-v-state-ga-1906.

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