Marshall v. The State Of Ga.

• Court: Georgia Supreme Court
• Writing for the Court: BLECKLEY
• Citation: Marshall v. The State Of Ga., 59 Ga. 154 (Ga. 1877)
• Decision Date: 31 August 1877
• Parties: Albert Marshall, plaintiff in error. v. The State of Georgia, defendant in error.

59 Ga. 154

Albert Marshall, plaintiff in error. v. The State of Georgia, defendant in error.

Supreme Court of the State of Georgia

(August Term, 1877.)

Criminal law. Drunkenness. Insanity. Before Judge Kiddoo. Randolph Superior Court. May Term, 1877.

Reported in the opinion.

*A.Hood; L. S. Chastain, for plaintiff in error.

James T. Flewellen, solicitor general, by Jno. T. Clarke; Herbert Fielder, by Z. D. Harrison, for the state.

BLECKLEY, Judge.

The evidence indicates that the prisoner and the deceased were strangers. So far as appears, they met but the one time. This was in a bar room, at about eleven o'clock at night. Deceased was seated with another person. Prisoner walked in, and got a basket. Deceased asked him if he had eggs in the basket. Prisoner answered no,, but that he had had eggs in it. Deceased said, "Why did you not bring them to me? I would have given as much for them as anybody else, or more." Prisoner answered, "I don't know you, " and added, "One damned fool ought to have known another." Deceased said, "Yes, of course they ought; but I would have given you as much for your eggs as anybody." Prisoner said, "You are a damned liar." Deceased replied, "I don't like to take the damned lie, and you mustn't give it to me." Prisoner said, "I didn't mean any harm by it." Deceased said, "If you didn't, it is all right." Deceased had gotten up, and was standing beside the bar. Prisoner turned to leave the room, walked to the door, and when upon the step, wheeled round, saying, "I am not afraid to give you the damned lie, " presented a pistol with his left hand, and fired immediately. The parties were eight or ten feet apart. The ball took effect just above the nipple, in the left breast of deceased, and produced death in a few minutes. As soon as the pistol fired, the other person present advanced upon the prisoner to arrest him. Prisoner presented the pistol at him, and ordered him to stand back. He withdrew behind the bar, and prisoner continued to present the pistol, and kept telling him to stand back. Prisoner then ran off, and in a couple of minutes was overtakenand arrested. The prisoner had been drinking during the *day, and in the afternoon was in a long drunken sleep. After getting up from that, the evidence indicates that he was not deeply intoxicated. Shortly before the homicide he appeared to be drinking, but not very drunk. He outran a person who pursued him, and his running was pretty straight. Some evidence was adduced as to his previousgood character, most of it relating to a period of time not later than four or five years anterior to the homicide.

The jury found the prisoner guilty of murder, and his counsel made a motion for a new...