McCluskey v. State, 19344
| Decision Date | 11 June 1956 |
| Docket Number | No. 19344,19344 |
| Citation | 93 S.E.2d 341,212 Ga. 396 |
| Parties | Lordy McCLUSKEY v. The STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. A conspiracy not being shown prima facie, it was error to admit in evidence declarations of a codefendant and to charge the jury the law as to principals in the first and second degrees.
2. The evidence was insufficient to support the verdict of the jury on either count of the indictment.
Graham Glover, Rome, for plaintiff in error.
Chastine Parker, Solicitor Gen., Rome, Eugene Cook, Atty. Gen., Rubye G. Jackson, Atlanta, for defendant in error.
Lordy McCluskey was indicted in two counts for the murder of James Hammond on February 5, 1955. The first count charged that he did kill and murder Hammond by scalding and burning him with boiling water, steam and other hot boiling fluids, inflicting mortal wounds from which Hammond died. The second count charged the defendant with maliciously setting fire to and aiding and abetting in the burning of the dwelling house occupied by Hammond, which produced and caused the death of the deceased. Lordy McCluskey was tried along with Pink McCluskey, who was also indicted for the same offense. The jury returned a verdict finding Lordy McCluskey guilty, with a recommendation to mercy. He was sentenced to life imprisonment, and thereafter his motion for a new trial upon the general and certain special grounds was denied, and he prosecutes a writ of error to this court, assigning error on that ruling.
The evidence adduced for the State at the trial may be summarized as follows: James Hammond and a woman by the name of Pearlie Mae Jones lived together in a house near the City of Rome. On the afternoon of February 5, 1955, two persons, in passing this house, heard Pearlie Mae Jones and James Hammond cussing and fussing. About 8:40 p. m., Pearlie Mae Jones asked Eva Durham to call a taxi for her; she stating that she was going home with Lordy and Pink McCluskey. Pearlie Mae Jones and the McCluskeys were picked up by a taxicab at about 9 p. m., and several persons residing near the home of Pearlie Mae Jones and the deceased testified that at about 9 p. m., they discovered that the house was on fire. When they entered the house, they found some of the furniture and furnishings were on fire, and that a coal heater containing live coals was turned over and a water kettle was on the floor nearby. James Hammond was discovered on the floor near a couch, which was burning. He was removed to a hospital, where he died the next day without regaining consciousness. The medical testimony was that he died from widespread burns, causing the loss of asaline fluid, which, connected with the shock and carbon monoxide in his system, caused death to result, and that his death was the result of the burns, notwithstanding his having inhaled carbon monoxide. There was testimony that he was burned around the face and neck and body by hot liquids, and that the burns were not caused by a direct flame. There was no evidence that Lordy McCluskey was in the house at the time it began to burn, or when Hammond came in contact with any hot liquids. There was no evidence that Lordy McCluskey and the deceased had had any quarrel or argument, nor any word or act by McCluskey which would show any motive or reason for him to commit any criminal act against the deceased. Nor was there any evidence of any acts or words that would indicate Lordy McCluskey to have been a party to any conspiracy with Pearlie Mae Jones or Pink McCluskey to burn the house or to do any harm to the deceased.
In his statement, Lordy McCluskey stated that he went to the house of Pearlie Mae Jones about 4:30 p. m., on February 5, 1955, and stayed until Pearlie Mae asked him to call a cab, when he left the house.
1. The taxi driver testified that he picked up Pearlie Mae Jones and the two McCluskeys about 9 p. m., on February 5. Over the objection that on conspiracy had been proven, the court permitted the driver to testify that Pearlie Mae Jones, while in the presence of the defendant, stated, 'That son of a bitch show did holler when I throwed the hot water on him.' The admission of this testimony is complained of in the first special ground of the motion for a new trial, one ground being that no conspiracy had been proven, and that the person to whom she referred in making the quoted statement was not identified. During the trial, over objection, the court admitted in evidence a written statement...
To continue reading
Request your trial
-
Knight v. State
...we agree. Most testimony against an accused is prejudicial but we must determine whether or not it was admissible. In McCluskey v. State, 212 Ga. 396, 93 S.E.2d 341 (1956), this court held: "A conspiracy not being shown prima facie, it was error to admit in evidence declarations of a co-def......
-
Walker v. State, 37110
...112 S.E. 142; Johnson v. State, 186 Ga. 324(2), 197 S.E. 786; Lanier v. State, 187 Ga. 534(4), 1 S.E.2d 405.' McCluskey v. State, 212 Ga. 396, 398, 93 S.E.2d 341, 343. However, the evidence in this case aliunde that objected to showed that the defendant was employed by W. E. Foster and E. A......
-
Pritchard v. State
...accomplices, there was no basis for the allowance in evidence of the acts or declarations of these alleged accomplices. McCluskey v. State, 212 Ga. 396, 93 S.E.2d 341. 2. Error is assigned on the refusal of the trial judge to grant the motions of the defendant to direct a verdict of not gui......
-
Rodgers v. State, 19932
...the commission of the crime. Goolsby v. State, 147 Ga. 169(2), 93 S.E. 88; Crawford v. State, 178 Ga. 743, 174 S.E. 335; McCluskey v. State, 212 Ga. 396, 93 S.E.2d 341. Judgment All the Justices concur, except CANDLER, J., who dissents. DUCKWORTH, C. J., WYATT, P. J., and HEAD, J., concur i......