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136 Ga. 131

Stallings v. State

Supreme Court of Georgia

Decided April 12, 1911

Supreme Court of Georgia · decided 1911-04-12

<p>Indictment for murder. Before Judge Freeman. Coweta superior court. November 16, 1910.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1911-04-12

How this case has been cited

Cited by 4 later decisions — most recently November 1998

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, J.

¶11. The evidence was sufficient to authorize the judge to give in charge to the jury the provisions of section 42 of the Penal Code of 1910, defining principals in the first and second degrees; also to charge them on the law of conspiracy to commit the crime of murder; and the charge complained of on the latter subject was not open to the criticism that it was argumentative..

¶22. Where one of four defendants jointly indicted for murder was on separate trial, it was not error for the court to refuse to require one of the codefendants who had been previously tried and convicted, and who had made a motion for new trial, which was then pending, to answer a question tending to criminate himself.

¶33. The alleged newly discovered evidence was merely impeaching in character, and not sufficient to require the grant of a new trial.

¶44. The verdict was supported by the evidence.

¶5Judgment affirmed.

All the Justicse concur.
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