111 Ga. 211 | Ga. | 1900
Ragland was indicted for the murder of Blessett by shooting him with a pistol, which it is alleged was committed in the county of Clayton on February 1,1900. The accused was convicted, and sentenced to be"hanged. He made a motion for a new trial on a number of grounds, which was overruled, and he excepted. Such portions of the evidence as are
■ So far as this record discloses, there was no eye-witness to-the shooting which resulted in the death of Blessett, and, as to what transpired at the time of the shooting, the jury was left to determine from the statements made by the deceased after he was shot, and the statement and admissions of the accused. It appears from the testimony of the father of the deceased, that the younger members of his household had been out to a party that night, and had returned home where he was; that about one o’clock the same night his deceased son came home and told him that he was shot; witness sent for a physician. He had a conversation with his son before he went for the physician, and repeatedly during the week which he lived afterward. The statement made in these conversations was, that the accused shot deceased in the road at or near a certain oak tree, as he was coming out of a gate; that the accused called to him and said "Stop there,” and in return he called, saying "Hello, John.” The deceased again said “Stop,” and then shot him. The deceased further stated, in his conversation to this witness, that after he was shot he spoke to the accused and the accused!
Judgment reversed.