Stephens v. State

Citation105 Ga. 844,32 S.E. 344
PartiesSTEPHENS. v. STATE.
Decision Date02 February 1899
CourtGeorgia 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.

PER CURIAM. Judgment reversed.

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3 cases
  • Tobin v. State
    • United States
    • Wyoming Supreme Court
    • 3 Mayo 1927
    ... ... 647; Town v ... Hickman, 208 F. 118; Easterly v. Jackson, 92 P ... 480; McEwen v. Ins. Co., (Cal.) 201 P. 577; ... Ingals v. Smith, (Kan.) 167 P. 1040; Powell v ... Co., 231 P. 307. The doctrine is the same when applied ... to civil cases; Wellman v. State, (Ga.) 29 S.E. 761; ... Stephens v. State, (Ga.) 32 S.E. 344; State v ... Morrison, (Kan.) 72 P. 554. There is no error in giving ... an instruction approved by a former appeal; Ross v. Comm ... (Ky.) 59 S.W. 28. It is error to give an instruction ... condemned on a former appeal; Selby v. Comm. (Ky.) ... 89 S.W. 296. Where ... ...
  • Bryant v. State
    • United States
    • Georgia Supreme Court
    • 6 Abril 1944
    ... ... 646] the same ... facts: where there was a lack of proof of the corpus delicti ... and a connection of the accused with the alleged offense ... ( Wellman v. State, 103 Ga. 559, 29 S.E. 761); where ... the evidence did not authorize the conviction ( Stephens ... v. State, 105 Ga. 844, 32 S.E. 344); where there was ... sufficient evidence to authorize the verdict ( Walker v ... State, 124 Ga. 97(1), 52 S.E. 319); where under the ... evidence and the prisoner's statement voluntary ... manslaughter was not involed ( Herrington v. State, ... 130 ... ...
  • Stephens v. State
    • United States
    • Georgia Supreme Court
    • 2 Febrero 1899

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