Speight v. The State Of Ga.
| Decision Date | 31 March 1888 |
| Parties | Speight. vs. The State of Georgia. |
| Court | Georgia Supreme Court |
Criminal law. Venue. Charge of court. Words and phrases. Before Judge Atkinson. Wayne superior court. March term, 1887.
Reported in the decision.
F. H. Harris, S. R. Harris, S. J. Clark, John C. Nicholls and Harrison & Peeples, for plaintiff in error.
J. I. Carter, solicitor-general, by Robert B. Trippe, for the State.
Speight was indicted and tried in Wayne superior court for the offence of murder, and was found guilty of involuntary manslaughter. He made a motion for a new trial, upon the several grounds set out in the motion, which was overruled; and he excepted. Only three grounds of the motion were relied upon here: (1) that the verdict was contrary to the evidence; (2) that the venue was not sufficiently proved; and (3) the 11th ground of the motion, which was that the court erred in charging the jury as follows: "The false testimony, if any should be found, should be rejected, if you find from the evidence that it was sworn falsely, willingly and knowingly so."
1. As to the first point insisted on, we have carefully read and reread the evidence sent up in the record, and our judgment is that the verdict is not contrary to the evidence adduced on the trial. There is sufficient evidence in the record to authorize the verdict of the jury. The jury were fully instructed by the court in its charge upon the question of reasonable doubt, and upon what circumstances were sufficient to excite the fears of a reasonable man. The jury having found against the defendant upon both of these propositions, we do not feel it our duty to interfere with their verdict.
2.As to the second point, we think the venue was fullyand clearly established. Mrs. Floyd testifies positively that the killing occurred in the county of Wayne. Ashley, the other witness, testified that he " reckoned " it was in Glynn; but there appears to have been no issue upon this point in the court below. And the jury had a right to believe Mrs. Floyd\'s testimony; and we think her testimony is sufficient to sustain the finding upon that issue.
3. The point mainly relied upon by the plaintiff in error is that made in the 11th ground of the motion, above set out, to the effect that the court erred in charging the jury that if the should fined any false testimony, sworn to " assely willingly and knowingly, " they should reject it. There can be no doubt that this was a sound proposi...
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