Hill v. State
| Decision Date | 11 September 1883 |
| Citation | 72 Ga. 131 |
| Parties | HILL v. THE STATE OF GEORGIA. |
| Court | Georgia Supreme Court |
September Term, 1883.
The Code leaves it in the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion. Therefore, a charge that the jury, in considering the question of recommending to mercy, should not be governed by their sympathies, but by their judgments approved by the evidence in the case and the law applicable to it, was error.
Criminal Law. Charge of Court. Before Judge BROWN. Cherokee Superior Court. February Adjourned Term, 1883.
Reported in the decision.
P. P DUPREE; NEWMAN & ATTAWAY, for plaintiff in error.
C ANDERSON, attorney general; G. F. GOBER, solicitor general for the state.
George Hill was indicted and found guilty of the murder of Bill Bryant. A motion for a new trial was made upon several grounds, which was overruled by the court below, and the defendant excepted, and assigns as error the refusal of the court to grant said motion. It is unnecessary to consider but one ground contained in the motion for new trial. The court below instructed the jury,
The Code of Georgia, §4323, declares: ...
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Grier v. State, 19198
...to so limit and restrict a correct charge by an incorrect one that the defendant was deprived of a substantial right under the law. Hill v. State, 72 Ga. 131; Cohen v. State, 116 Ga. 573, 42 S.E. 781; Thompson v. State, 203 Ga. 416, 47 S.E.2d ...
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Reece v. State, 17462
...44, 56(11), 9 S.E. 945, can be said to support the charge of the court in the present case, the Vann case must yield to the case of Hill v. State, 72 Ga. 131, which is a full-bench decision, wherein the court ruled: 'The Code leaves it in the discretion of the jury as to whether they will r......
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Wyatt v. State, 22933
...None of the headnotes require elaboration except 4. By a long line of full bench decisions, including Johnson v. State, 58 Ga. 491; Hill v. State, 72 Ga. 131; Barfield v. State, 179 Ga. 293, 175 S.E.2d 582; and Jennings v. State, 212 Ga. 58, 90 S.E.2d 401 this court is committed to a constr......
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Brawner v. State
...concur, except QUILLIAN, J., who dissents. QUILLIAN, Justice (dissenting). Under authority of Johnson v. State, 58 Ga. 491, Hill v. State, 72 Ga. 131, Cohen v. State, 116 Ga. 573, 576, 42 S.E. 781, and Jennings v. State, 212 Ga. 58, 59, 90 S.E.2d 401, I am compelled to dissent because in th......