7 Ga. 373 | Ga. | 1849
By the Court. —
delivering the opinion.
There are two grounds of error assigned upon the record, to the decision of the Court.below :
1st. That the Court refused a continuance to the defendant, of his cause, upon the showing made by him.
2d. Because the Court admitted testimony, as to the injury done to the father of the deceased, by the defendant, at the time of the alleged homicide.
The assault upon Gurganus, by the defendant, was a part of the transaction, and shows that he came to the house with an evil and hostile intention, against the inmates of that house; and there was no error by the Court below, in permitting the witnesses to state all that was done by the defendant, at the time of the hilling, as being connected with, and a part of the entire transaction, either exculpatory or as evidence of his innate depravity and malicious intention. After a careful examination of this entire record, we can find no legal ground to disturb the judgment of the Court below.
Let the judgment of the Court below be affirmed.