Hurt v. State
| Decision Date | 13 October 1938 |
| Docket Number | 12554. |
| Citation | 199 S.E. 801,187 Ga. 73 |
| Parties | HURT v. STATE. |
| Court | Georgia Supreme Court |
Rehearing Denied Nov. 19, 1938.
Error from Superior Court, DeKalb County; James C. Davis, Judge.
Reese Hurt was convicted of assault with intent to rob, and he brings error.
Reversed.
J Emmett Baird, of Atlanta, for plaintiff in error.
Roy Leathers, Sol. Gen., of Decatur, for the State.
Reese Hurt and Harold Teal were jointly indicted for assault with intent to rob one Sheffield on the night of November 20 1937. The case at bar is that of Hurt, who was tried and found guilty. There was evidence to the following effect Sheffield testified that when he came out of a certain store on the night in question he heard a man calling to him to stick 'em up. The man calling to him was about fifty feet away from Sheffield, and was coming toward him. Sheffield turned his flashlight on the man, and while he held the flashlight on him the man stopped coming; as Sheffield whirled to get away, the man shot at him. Sheffield whirled around and faced the man, holding his flashlight on him. The man was attempting to reload his gun. Seeing that he could not put his gun together and that he had a chance to flee, Sheffield did so. His testimony by way of identifying Reese Hurt as the man who shot at him was in part as follows Shortly after the gun was fired at Sheffield a car was seen hurriedly leaving from a point near the scene of the shooting. Two or three men were in it. The car was immediately chased and was later identified by witnesses as being the car seen in Chamblee that night. The car was owned by Teal. The next morning after the shooting, a witness by the name of Minnis, who lived in the house with Teal, and next door to the defendant Hurt, was asked by Teal to lend him an inner tube for his automobile. Minnis and Teal went out to look at the car. One tire had blown out, and the rim of the wheel had the appearance of having been run a considerable distance without a tire. While looking at the car Teal told Minnis that Teal and Hurt had been in Chamblee the night before, to hold up a grocery store; that Hurt shot at a man, and they had to hurry away; that they had a blow out, and ran ten or twelve miles without a tire. While Teal was making those statements to Minnis, Hurt came up and asked Teal, 'Have you told Minnis about what happened last night?' to which Teal replied that he had. Then Hurt said to Minnis, 'For God's sake don't tell.' It was Minnis who testified to what Teal said to him. Defendant's counsel objected to the introduction in evidence of conversations had between Teal and Minnis in the absence of the defendant. The court allowed the testimony to be received, subject to instructions which he would give to the jury, and afterward instructed them that if they should believe from the evidence that Teal and Hurt conspired to commit the crime charged against Hurt, then on trial, and against Teal, who was jointly indicted with him, and that there was a conspiracy between the two named persons to conceal what had been done and to escape punishment therefor, then whatever might have been said by Teal to Minnis in the absence of the defendant would be admissible on...
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