58 Ga. 577 | Ga. | 1877
The defendant was indicted for the offense of murder, and charged with the unlawful killing of James Seals, in the county of Douglas. There were six counts in the indictment : the first charged the defendant Stewart, John E. Sisk and James Clinton, as principals; the second count charged the defendant Stewart, as principal in the first degree, and Sisk and Clinton as principals in the second degree; the third count charged Sisk as principal in the first degree, and the defendant Stewart, and Clinton, as principals in the second degree; the fourth count charged Clinton as principal in the first degree, and the defendant Stewart, and Sisk, as principals in the second degree; the fifth count charged Clinton as principal, and the defendant Stewart, and Sisk, as accessories before the fact; the sixth count charged the defendant Stewart, and Sisk, as principals, and Clinton as accessory after the fact. The defendant, having been tried separately, was found guilty of murder as principal in the second degree, and recommended by the jury to be imprisoned in the penitentiary for life. The defendant made a motion for a new trial on the following grounds : First, because the court erred in allowing the solicitor general to sever the trial of defendants, and to put the defendant, Stewart, upon his trial separately from the others; second,
The court overruled the motion fora new trial on all the grounds taken therein, and the defendant excepted.
Let the judgment of the court below be reversed.