Cyrus v. State

• Decision Date: 15 November 1897
• Citation: 29 S.E. 917,102 Ga. 616
• Parties: CYRUS v. STATE.
• Court: Georgia Supreme Court

29 S.E. 917

102 Ga. 616

CYRUS v. STATE.

Supreme Court of Georgia

November 15, 1897

Syllabus by the Court.

1. The killing by a man of his mistress for no other cause except that she, within his personal knowledge, had shortly before the homicide been guilty of lewd or lascivious acts with another man, and, upon being upbraided therefor, expressed no regret for her conduct, is murder; and the law of manslaughter has no application whatever to a case of this kind.

2. Following the cases of Inman v. State, 72 Ga. 269 and Valentine v. State, 77 Ga. 470, this court cannot hold it to be cause for a new trial in a murder case that the judge, after charging; "The punishment for persons convicted of murder shall be death, but shall be confinement in the penitentiary for life if the jury trying the case shall so recommend. If you find the defendant guilty, it is in your discretion whether you will recommend that he be imprisoned for life. You are not limited or circumscribed, and the law provides no rule for guidance,"--added: "If you think this is a case in which you would be justified in recommending a life imprisonment in the event of your finding the defendant guilty, you have a right to make such recommendation, as it is for you to say, in the event of your finding the defendant guilty, whether the facts and circumstances in this case warrant you in making such recommendation. It is all a question for you, under the law and the evidence." (a) As an open question, however, some of the language above quoted would be subject to serious criticism. It would in such cases be decidedly better to omit the use of the word "Justified," and of the word "warrant," and to substitute in their stead language leaving the jury free to dispose of the question of recommending or not recommending life imprisonment, without any intimation from the bench as to what should control or influence them in reaching a conclusion upon this matter.

3. Both the evidence and the statement of the accused demanded a verdict of guilty, and there was no error in denying a new trial.

Error from superior court, Fulton county; J. S. Candler, Judge.

Tom Cyrus was convicted of murder, and brings error. Affirmed.

C. L Pettigrew and F. A. Quillian, for plaintiff in error.

C. D Hill, Sol. Gen., and J. M. Terrell, Atty. Gen., for the State.

FISH J.

It appears from the record that Annie Johnson, the deceased, was a married woman, living apart from her husband. The accused Tom Cyrus, had been keeping her as his mistress for two years prior to the homicide. In his statement he said, substantially, that, on the night of the homicide, he went home, and found two men and the deceased drinking beer, and he bade them "Good night," and walked out. He went off, and remained away 30 or 40 minutes. When he returned, one of the men had gone. He stood on the sidewalk, and watched the man who remained and the deceased, through the window, for about 20 minutes, and saw them hugging and kissing. He then went to the window, and remained there about 10 minutes, and, while there, saw them lie down on the bed. He then went away again, and stayed about 30 minutes, -walking three blocks; and, when he returned, they were sitting on the side of the bed, and remained there about 3 minutes, and "got up, and pulled at each other, and kissed, and went on." Finally, when the man was ready to leave, the accused went out of the yard, and stayed 6 or 7 minutes. He then returned, and went into the room where deceased was, and asked her: "What's the matter? Why are you acting like this tonight?" She said: "Acting how?" He said: "Drinking beer to-night, and hugging and kissing and going on. That's nice for a woman of your standing to carry on, -for a woman...