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Toliver v. State

Toliver v. State, 74 S.E. 1000 (Ga. 1912)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
May 14, 1912
Judges
Evans
Citations
74 S.E. 1000138 Ga. 1381912 Ga. LEXIS 227
Summary
Indictment for murder. Before Judge Worrill. Miller superior court. February 3, 1912.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Evans

Text extracted by OCR from a scanned original; check the original for exact wording.

Evans, P. J.

1. Where the prosecution introduces testimony that the deceased was heard to have made certain exclamations at the time the mortal wound was inflicted, indicating an unprovoked assault upon him. by the accused, and his dying declaration that the accused shot him, and testimony that the accused admitted the killing, stating that he did not know “how come him to shoot him” (the deceased), a conviction does not depend entirely upon circumstantial evidence, and therefore it is not erroneous to omit an instruction on the law of circumstantial evidence. ■

2. The evidence did not authorize a charge on the law of voluntary manslaughter.

3. The "evidence warranted the verdict. The charge was explicit and comprehensive, and no reason appears for the granting of a new trial.

Judgment affirmed.

All the Justiees concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11926: 11928: 11944: 11945: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Strickland v. State145 S.E. 879 (Ga. 1928)
  2. Fowler v. Grimes31 S.E.2d 174 (Ga. 1944)
  3. Patterson v. State35 S.E.2d 504 (Ga. 1945)
  4. Jeffords v. State134 S.E. 169 (Ga. 1926)
  5. Mitchell v. State107 S.E. 43 (Ga. 1921)

Most recent

  1. Patterson v. State35 S.E.2d 504 (Ga. 1945)
  2. Fowler v. Grimes31 S.E.2d 174 (Ga. 1944)
  3. Strickland v. State145 S.E. 879 (Ga. 1928)
  4. Jeffords v. State134 S.E. 169 (Ga. 1926)
  5. Mitchell v. State107 S.E. 43 (Ga. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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