60 Ga. App. 517 | Ga. Ct. App. | 1939
Lead Opinion
Arthur Long was indicted for murder, and was convicted of voluntary manslaughter. His motion for new trial was overruled, and he excepted.
On the -question whether the death of the deceased resulted from the injuries, from disease, or from criminal agencies, the testimony was in part as follows: Dr. Chandler, who attended the deceased a short time after he was shot, testified: “It seemed that the gun was fired from up over him, shot down from the side. The bullet didn’t go in his abdomen; it went through his arm and his lung and kinder down the spine. . . I did not probe that wound. I had an x-ray of it, and it must have gone fifteen inches down through his body. I saw that bullet lodged in there. He had three wounds. I thought one bullet caused it all. I treated
The deceased died suddenly, about a month after he was shot, in a room in his sister’s house in the presence of a negro woman. It therefore seems to us that there was proof that the wound inflicted on the deceased was made with a deadly weapon, and was of such a character as to authorize the jury to find that this wound was the proximate cause of the death. Here is a man who was shot with a bullet that made “a pretty good-sized hole,” and, indeed, it penetrated Ms body about fifteen -inches, going through the lung and resting on the vertebra where it was at the time of his death about a month after he was shot, he having been released from the hospital about a week before Ms death. The syphilis for which he was treated before and after he was shot, according to the doctor who went to see him about two clays before his death, pursuant to a treatment for syphilis, was not the cause of his death, the doctor’s testimony being that the deceased “did not die from that” (syphilis). Other than the fact that the deceased was suffering from syphilis, unless the suddenness of Ms death can be considered
When a wound from which death might have ensued had been inflicted with a murderous intent, and had been followed by death, and there was no testimony whatever even tending to show that the loss of life did not- arise from a gunshot wound fifteen inches long, inflicted by the defendant, and from the fact that the bullet, which passed through the lung, was still resting on a verte
The evidence authorized the verdict.
Judgment affirmed.
Dissenting Opinion
dissenting. X can not agree with my colleagues in' this case. The matter which causes me to disagree is the question as to whether the pistol-shot wound inflicted by the defendant on the deceased was the cause of his death. The evidence discloses that the deceased was shot December 23, and was treated by a doctor at a hospital within fifteen minutes thereafter. He was discharged from the hospital either on December 28, or within ten dajrs, and died sometime in January, within three weeks or a month from the time he was shot and about two weeks after he was discharged from the hospital. From the evidence we know only that he died one morning; no witness was presented to give any of the immediate circumstances.of his death. So far as the record appears he died suddenly. The doctor who had been treating him for syphilis for a long time before he was shot stated that the deceased was in the secondary stage of syphilis, and that he attended the deceased at a hospital within fifteen minutes after he had been shot. He testified: “He got better at the hospital, and was able to go home. I don't' know what caused his death; he died suddenly. Whether he died from a heart attack or from a ruptured blood vessel in his brain or heart—I don't know what caused his death, nor what contributed primarily, although I am a practicing physician. . . He apparently recovered from the gunshot
It is essential that the State prove beyond a reasonable doubt, not only that the defendant administered the wound, but that the deceased died as a result of that wound. In 3 Warren on Homicide, 285, § 277, it is said: “A proximate relationship or connection between the assault and death must be proved beyond a reasonable doubt.” In Daniel v. State, 126 Ga. 541, 542 (55 S. E. 472), it was said: “The burden was upon the State to show beyond a reasonable doubt, not only that the accused inflicted a wound under such circumstances that if death ensued the accused would be guilty of murder, but also to a like degree of certainty that death actually resulted from the wound inflicted.” (Italics mine.) Quoting again from Warren on Homicide: “Evidence that shows an obscure or a merely probable relationship or connection is insufficient. There is not sufficient proof to sustain a conviction, where there is a reasonable doubt as to the cause of- death.” In State v. Rounds, 104 Vt. 442 (160 Atl. 249), it was said: “In homicide case, causal connection between death of decedent and unlawfuTacts of respondent can not be supported on mere conjecture and speculation.” I quote again from 3 Warren on Homicide, 287, § 277: “Evidence that does not disprove that death resulted from accident, natural causes, or suicide, is insufficient.”
In this case, before the jury would be authorized to find that the wound inflicted on the deceased- by the defendant was the cause