91 Ga. 44 | Ga. | 1892
Frank Bunkley was indicted for obstructing legal process. He was found guilty; his motion for new trial was overruled, and he excepted. The grounds of the motion were, that the verdict was contrary to evidence and without evidence to support it, decidedly and strongly against the weight of evidence, and contrary to law and the principles of justice.
The evidence for the State, briefly stated, was: Porter was a constable. There was placed in his hands a possessory warrant sued out against Strickland, for a dog claimed to belong to Billings. Porter summoned Billings to go with him, and they went to Strickland’s residence after dark. Strickland was sitting on his steps and some one was with him, but Porter could not tell who it was. When told that Porter had a warrant
Por the defence Strickland testified : He was sitting on his doorsteps, and Mat. Bunkley was with him. Porter and Billings came up, and Porter said he had come after the dog. Strickland said, “ Yery well, Mr. Porter.” Porter said, “It is stolen property too.” Strickland told him it was not, and Porter grabbed him and struck him over the head. Strickland pulled loose and started in the house to get his hat, and Porter shot him. When Porter told Strickland he wanted Strickland to go with him, Strickland told him all right, and went in the house to get his hat. After he shot Strickland, the defendant, who lived a short distance from Strickland’s, came in to get his little child who was there, and Porter shot him. Defendant was not there