Calhoun v. State, 18347
| Citation | 210 Ga. 180,78 S.E.2d 425 |
| Decision Date | 15 October 1953 |
| Docket Number | No. 18347,18347 |
| Parties | CALHOUN v. STATE. |
| Court | Supreme Court of Georgia |
Wellborn B. Davis, Jr., Henry N. Peyton, Newnan, for plaintiff in error.
Wright Lipford, Sol. Gen., J. L. Glover, Newnan, Eugene Cook, Atty. Gen., Rybye G. Jackson, Atlanta, for defendant in error.
Syllabus Opinion by the Court
Under an indictment charging Robert Calhoun with the murder of James McGinty by shooting him with a loaded pistol, Calhoun was found guilty and sentenced to be electrocuted. His motion for new trial, on the general grounds and six special grounds, being overruled, he brings the case here, assigning error on the order denying his motion for new trial.
On the trial, J. H. Potts, a deputy sheriff of Coweta County, testified that about two hours after the shooting of McGinty, he had a conversation with the defendant, at which time he made a statement freely and voluntarily relating to the circumstances of the shooting, being as follows: . . In his unsworn statement to the jury, the defendant stated in substance that he went with his wife to the home of James McGinty, where an altercation took place between the deceased's wife and the defendant, the deceased not being present; that they left the home of McGinty and went back to the defendant's home, and later the defendant went to the home of McGinty, and when McGinty came to the door he cursed the defendant and grabbed him and 'drawed back like that there, and I shot him'; that he did not intend to shoot the deceased to kill him, but intended to shoot him in the shoulder and stop him. Though there was no eyewitness to the shooting, the defendant's admission that he shot the deceased was corroborated by other evidence that the wound inflicted by the defendant was the cause of McGinty's death. Held:
1. The statement made by the...
To continue reading
Request your trial
-
Berryhill v. State
...in a criminal case that the language indicated that the accused had committed also another and separate offense.' Calhoun v. State, 210 Ga. 180, 181, 78 S.E.2d 425, 427 (1953). 7. Berryhill contends the trial court erred in denying his motion for mistrial on the grounds of (1) alleged highl......
-
Dampier v. State
...the accused had committed another and separate offense. Berryhill v. State, 235 Ga. 549(6), 221 S.E.2d 185 (1975); Calhoun v. State, 210 Ga. 180(2a), 78 S.E.2d 425 (1953). 11. In the fourteenth enumeration of error, the appellant contends that the trial court erred in not charging defendant......
-
Weatherby v. State, 19638
...that negro with?' and he replied, 'That is the one I shot him with.' For a like unanimous ruling on similar facts, see Calhoun v. State, 210 Ga. 180, 78 S.E.2d 425. In Lucas v. State, 146 Ga. 315(9), 91 S.E. 72, 78, where the defendant was indicted for the murder of his wife by shooting her......
-
Ledford v. State
...was reading to the jury, and as such was admissible, it afforded the accused no valid ground for his mistrial motion. Calhoun v. State, 210 Ga. 180, 78 S.E.2d 425, and Charlton v. State, 214 Ga. 778, 107 S.E.2d 840. "It is no valid ground of objection to the admission in evidence of an incr......