114 Ga. 855 | Ga. | 1902
Mrs. Rowland, sixty-two years old, and very deaf, was murdered at her home in Bibb county,on the morning of December 5,1901. She was found lying in the yard near the back door, with two fatal wounds in her head, which appeared as if made with an ax or other like instrument, and a bruise over her eye. Her husband and son had gone to work that morning, and she had been left alone. The ground near where she was found lying was somewhat torn up, as if there had been a struggle. The accused was seen on the same morning, between a quarter and a half mile from the Rowland house,
After verdict of guilty, a motion for new trial was overruled, and the accused excepted. The motion contains the following grounds:
“ It is incumbent upon the State to show beyond a reasonable doubt that the confessions relied upon to convict were made voluntarily and without being induced by another by the slightest hope of benefit or remotest fear of injury; and if not so proved, you should reject the confession.”
“Each and every juror should believe for himself that the defendant has been shown to be guilty under the evidence, beyond a reasonable doubt, before he should agree to a verdict of guilty. If any member of the jury has such reasonable doubt, as hereinbefore explained to you, of the guilt of the defendant, he should not agree to a verdict of guilty.”
“ All the phases of the case which in láw is required to be proved should each and all be proved beyond a reasonable doubt; and if the State fails to prove any one of said necessary phases beyond a reasonable doubt, then the jury should acquit.” '