Wells v. State

Supreme Court of Georgia

Wells v. State

42 S.E. 39, 115 Ga. 577, 1902 Ga. LEXIS 477

DecidedJune 3, 1902

StatusPublished

This text of 42 S.E. 39 (Wells 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

Wells v. State, 42 S.E. 39, 115 Ga. 577, 1902 Ga. LEXIS 477 (Ga. 1902).

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Opinion

Cobb, J.

1. In the trial of a murder case, when the only question to he determined is whether the accused is guilty of murder or voluntary manslaughter, evidence that the deceased was “a small delicate man” is not irrelevant. Such evidence would elucidate the question as to whether the killing was done with malice.

2. There was ample evidence to support the verdict finding the accused, guilty of murder, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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Cobb, J.

1. In the trial of a murder case, when the only question to he determined is whether the accused is guilty of murder or voluntary manslaughter, evidence that the deceased was “a small delicate man” is not irrelevant. Such evidence would elucidate the question as to whether the killing was done with malice.

2. There was ample evidence to support the verdict finding the accused, guilty of murder, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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Bluebook (online)

42 S.E. 39, 115 Ga. 577, 1902 Ga. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-ga-1902.