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Morgan v. State

32 S.E. 854, 108 Ga. 748, 1899 Ga. LEXIS 329
CourtSupreme Court of Georgia
DecidedMarch 14, 1899
StatusPublished
Cited by5 cases

This text of 32 S.E. 854 (Morgan 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
Morgan v. State, 32 S.E. 854, 108 Ga. 748, 1899 Ga. LEXIS 329 (Ga. 1899).

Opinion

Cobb, J.

Under the evidence for the State the jury would have been authorized to find the accused guilty of murder. The evidence for the accused would have authorized his acquittal. Under no view of the case would a conviction for voluntary manslaughter be justified. It was there- ' fore error to charge the jury the law of voluntary manslaughter, and a verdict finding the accused guilty of that offense should have been set aside. The case should be tried again, and, if the evidence is substantially the same as at the previous trial, the accused should be either convicted of murder, or acquitted. Dyal v. State, 97 Ga. 428; Smith v. State, 108 Ga. 673. Judgment reversed.

All the Justices concurring.

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Related

Henderson v. State
179 S.E.2d 76 (Supreme Court of Georgia, 1970)
McDaniel v. State
76 S.E.2d 500 (Supreme Court of Georgia, 1953)
Irwin v. State
22 S.E.2d 499 (Supreme Court of Georgia, 1942)
Herrington v. State
54 S.E. 748 (Supreme Court of Georgia, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
32 S.E. 854, 108 Ga. 748, 1899 Ga. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-state-ga-1899.