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Miller v. State

Miller v. State, 69 S.E. 922 (Ga. Ct. App. 1911)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 17, 1911
Docket
No. 3102
Judges
Hill, Russell
Citations
69 S.E. 9228 Ga. App. 5401911 Ga. App. LEXIS 31
Summary
Accusation of sale of liquor; from city court of Cairo — Judge Singletary. November 26, 1910.

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

Opinion of the Court — Hill

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Hill, C. J.

In a prosecution for illegal sale of intoxicating liquors, where only one sale was proved, it was improper for the solicitor-general, in concluding the argument, to refer to the defendant as “this notorious character, this notorious blind tiger;” and on objection made to such language by the defendant’s counsel, it was the duty of the court to reprimand counsel and instruct the jury that they should disregard the improper language so used by the solicitor-general.

Judgment reversed.

Concurrence — Russell

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Russell, J.,

concurring specially. I concur, but I think that regardless of the number of sales, the language was improper, unless the character of the defendant had been put in issue.

How later courts describe this case

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

1911: 11916: 11935: 11953: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. Trammell v. Atlanta Coach Co.181 S.E. 315 (Ga. Ct. App. 1935)
  2. Josey v. State79 S.E.2d 64 (Ga. Ct. App. 1953)
  3. Harris v. State72 S.E. 516 (Ga. Ct. App. 1911)
  4. Reese v. State87 S.E. 717 (Ga. Ct. App. 1916) · Dissent

Most recent

  1. Josey v. State79 S.E.2d 64 (Ga. Ct. App. 1953)
  2. Trammell v. Atlanta Coach Co.181 S.E. 315 (Ga. Ct. App. 1935)
  3. Reese v. State87 S.E. 717 (Ga. Ct. App. 1916) · Dissent
  4. Harris v. State72 S.E. 516 (Ga. Ct. App. 1911)

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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