Collins v. State

• Court: Georgia Supreme Court
• Writing for the Court: GILBERT
• Citation: Collins v. State, 151 Ga. 431, 107 S.E. 159 (Ga. 1921)
• Decision Date: 14 April 1921
• Docket Number: (No. 2464.)
• Parties: COLLINS v. STATE.

151 Ga. 431

107 S.E. 159

COLLINS

v.STATE.

(No. 2464.)

Supreme Court of Georgia.

April 14, 1921.

(Syllabus by the Court.)

Atkinson, J., dissenting.

Error from Superior Court, Tattnall County; W. W. Sheppard, Judge.

Needham Collins was convicted of homicide, and he brings error. Affirmed.

The accused, Needham Collins, was convicted of killing his wife, and was sentenced to life imprisonment. The evidence was in substance as follows: The accused and his wife lived alone. Early in the morning a neighbor, who was working about 300 yards distant from the house of the accused, heard a noise as of some one crying. He was not quite sure from what point the noise came, as there were other nearby residences. He went to the house of the accused, however, and from the outside called to the accused. The latter came out, seeming to be calm, and nothing unusual appearing. Immediately after the conversation, as the witness turned away he heard a cry from within the house, which he described as if the person said, "Oh, Needham, you are killing me, " or, "My head is killing me"—witness did not know which. The accused returned to the house, and went into the kitchen for the purpose of cooking breakfast. The witness returned to his work. In a short while the witness was informed by another person that the wife of the accused was dead. The evidence of this witness, together with that of several others, shows that the alarm was given, and as these witnesses reached the house of the accused he made to all of them, as well as to the coroner's jury which assembled that night, substantially the following explanation: That the deceased had been sick during the night, and the accused had been up with her rubbing her neck and breast with salve; that about daybreak Ben Rewis, the witness above referred to, came to his home and called him out; that during a short conversation with Rewis the deceased called the accused, and he stated to Rewis that he would have to go and put a fire in the stove, that his wife was unable to prepare breakfast, and he would have to do so; that after making the fire he went out a short distance from the house, to build a hogpen while the stove was getting hot; that when it was practically completed he returned to the house, bringing an old worn-out ax, the eye badly battered and the handle broken. On entering the house he threw the ax down, and it lay about two feet from the house near the steps, and as he did so his wife came out of the house onto the porch, which was about two or three feet from the ground; that she fainted, losing consciousness, fell from the porch, her head striking the ax, which lay on the ground; that accused immediately rushed to her side, picked her up, carried her into the house, and placed her on the bed, and gave alarm to a neighbor. Upon arrival of the first neighbor the deceased was found on the bed with a wound on the side of her head. She lived only a few moments, and made no statement of any kind. The wound on the side of the head was the only one, and...