Stephens v. State
Citation | 105 Ga. 844,32 S.E. 344 |
Parties | STEPHENS. v. STATE. |
Decision Date | 02 February 1899 |
Court | Georgia Supreme Court |
Criminal Law—Second Appeal—Law op the Case.
After a thorough and conscientious investigation of the evidence which was submitted in a former trial of this case, on a writ of error sued out to the refusal of the court below to grant a new trial, upon a conviction of murder, this court adjudicated that the evidence was not sufficient to authorize a conviction of that offense. Another trial of the case having been had, and a verdict of guilty of murder having been again rendered by the jury, and the court below having refused to grant a new trial, and it appearing that practically the same evidence as to the details of the homicide was adduced on the second trial as on the first, it follows, in view of the judgment of this court first rendered, that the conviction cannot lawfully stand. It was therefore error in the court below to refuse to set aside the last verdict, and its judgment is accordingly reversed. (Syllabus by the Court.)
Error from superior court. Bibb county; W. H. Felton, Jr., Judge.
John Stephens was convicted of murder, and brings error. Reversed.
For opinion on former appeal, see 31 S. E. 400.
John R. Cooper, for plaintiff in error.
Robt. Hodges, Sol. Gen., J. M. Terrell, Atty. Gen., and Anderson, Anderson & Grace, for the State.
Judgment reversed.
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