141 Ga. 17 | Ga. | 1913
Lead Opinion
The defendant and his wife were jointly indicted for the murder of their new-born babe. The defendant was separately tried and convicted, with a recommendation to mercy. The baby lived for an hour or two. The defendant contended that the baby died from natural causes, and the prosecuthm contended that death was produced by external violence. The manner of producing death, as charged in the indictment, was “by choking, strangling, and by beating and striking said baby boy with a certain instrument to the grand jurors unknown.” At the time of the infant’s death no one was present except one or both of the defendants, and the prosecution relied on proof of various circumstances to establish the corpus delicti and the defendant’s guilt of the crime charged against him.
Other errors complained of are without merit. •
Judgment reversed.
Dissenting Opinion
dissenting. We do not think that a new trial should be granted on account of the instruction contained in the fourth division of the opinion. The lexicons define both words to mean “to stifle, to suffocate.” Death accom