Walker v. State

• Decision Date: 19 October 1896
• Citation: 25 S.E. 918,100 Ga. 60
• Parties: WALKER v. STATE.
• Court: Georgia Supreme Court

25 S.E. 918

100 Ga. 60

WALKER v. STATE.

Supreme Court of Georgia

October 19, 1896

Syllabus by the Court.

The evidence discloses a plain case of murder, and none of the grounds of the motion for a new trial authorize any interference by this court with the refusal of the trial judge to set aside the verdict of guilty.

Error from superior court, Wilcox county; C. C. Smith, Judge.

Lewis Walker was indicted for the murder to Tobe Walker, and was found guilty, with a recommendation to life imprisonment. He moved for a new trial, and, his motion being overruled, he excepted, and brings error. Affirmed.

The following is the official report:

The motion was upon the general grounds that the verdict was contrary to law, evidence, etc. Further, because the court erred in admitting, over the objection of defendant "the evidence against Tobe Walker, purporting to have been issued by one Roberts, without proof that said Roberts had legal authority to issue the same, or had in fact actually so issued it, and for the further ground that said warrant was never out." It was not stated in this ground what objection was made to this evidence when offered. Error in allowing the state, after the announcement that the state had closed, and the defense, after introducing the defendant's statement, had also announced closed, to reopen the case for the purpose of placing said warrant in evidence, and proving by one Belcher that Belcher had informed the deceased that he, Belcher, was an officer when arresting said deceased. It was not stated in this ground that this evidence was objected to. The testimony for the state tended to show that Belcher and others went to Tobe Walker's house to arrest said Tobe; that they did arrest Tobe, and, when they had done so, Lewis Walker snapped a gun at Belcher, and Belcher grabbed the gun by the muzzle; that during the scuffle Lewis Walker got the gun "on" Belcher, and Belcher pushed the gun away; and that when he did so the gun fired, killing Tobe Walker. Error in refusing the following written request of defendant: "If the defendant had no knowledge that Belcher was an officer, he had a right, when Walker's house was invaded by Belcher and others, to make ready with his gun to defend his father's person or home, if necessary." This request was submitted after the court had completed the charge, and ordered the jury to retire and consider their verdict. Error in omitting to charge...