138 Ga. 336 | Ga. | 1912
Lead Opinion
John Worley and Hugh Boggs were jointly indicted for the murder of Jasper Turner. Worley was put upon trial and convicted of the offense of murder, and a recommendation was made by the jury that he be imprisoned for life in the penitentiary. The defendant thereupon made a motion for a new trial, which was overruled.
The State introduced evidence tending to show that the homicide was wilful and unprovoked murder, committed by the defendants
The evidence for the State, largely circumstantial, tended to show an unprovoked murder. The statement of the defendant on trial and the testimony of his companion, Boggs, if they were to be believed, showed no acts upon this defendant’s part that were not entirely justifiable; and the jury, therefore, were called upon to determine whether the defendant on trial was guilty of murder, or not guilty of any offense. And instructions upon the subject of voluntary manslaughter could find no proper place in the court’s charge upon the real issues made by the evidence.
Judgment reversed.
Dissenting Opinion
Conceding that the admission of the evidence of a witness as to the peaceable character-of the deceased was erroneous, I do not think a reversal should result. It would not be advisable to enter into a full discussion of the evidence, as the case is to be returned for a new trial. Suffice it to say that the evidence showed a shocking case of murder. Testimony on behalf of the defendant showed that he and his comrade rode into the country in a hired automobile at night, killed the owner, sold the automobile, concealed their identity, and fled; and that at the time the deceased was killed, he had gotten out of the automobile on the ground and had no weapon then with him. As to these facts there was no real dispute, though the accused and his witness insisted that the deceased was the assailant. A single witness testified that “the general character [of the deceased] for peaceableness or violence was good, that his reputation was that of a peaceable, honest negro.” To upset the verdict for this alone seems to me to be wrong. I am authorized to state that Mr. Associate Justice Hill concurs in this dissent.