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5 Georgia opinions name it 1 courts 1902–1951 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Vann v. Stategreen2 sentences1951If the case of Vann v. State, 83 Ga. 44, 56 (11), ( 9 S. E. 945 ), can be said to support the charge of the court in the present case, the Vann case must yield to the case of Hill v. State, 72 Ga. 131 , which is a full-bench decision, wherein the court ruled: "The Code leaves it in the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion. 1951If the case of Vann v. State, 83 Ga. 44, 56 (11), ( 9 S. E. 945 ), can be said to support the charge of the court in the present case, the Vann case must yield to the case of Hill v. State, 72 Ga. 131 , which is a full-bench decision, wherein the court ruled: "The Code leaves it in the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hill v. State
neutral
2 sentences1951If the case of Vann v. State, 83 Ga. 44, 56 (11), ( 9 S. E. 945 ), can be said to support the charge of the court in the present case, the Vann case must yield to the case of Hill v. State, 72 Ga. 131 , which is a full-bench decision, wherein the court ruled: "The Code leaves it in the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion. 1951If the case of Vann v. State, 83 Ga. 44, 56 (11), ( 9 S. E. 945 ), can be said to support the charge of the court in the present case, the Vann case must yield to the case of Hill v. State, 72 Ga. 131 , which is a full-bench decision, wherein the court ruled: “The Code leaves it in the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion. | 4 | 1902–1951 |
Johnson v. State
green
2 sentences1929In the case of Hill v. State, 72 Ga. 131 , it was ruled that 'The code leaves it to the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion.’ ‘ Such recommendation [is] in all cases matter of discretion with the jury.’ Thomas v. State, 89 Ga. 479 . “’This right [to recommend to mercy] is not restricted in the code to cases of mitigating circumstances, or other 1902In the case of Hill v. State, 72 Ga. 131 , it was ruled that “ The code leaves it to the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion.” “ Such recommendation [is] in all cases matter of discretion with the jury.” Thomas v. State, 89 Ga. 479 . “ This right [to recommend to mercy] is not restricted in the code to cases of mitigating circumstances, or othe | 2 | 1902–1929 |
Thomas v. State
neutral
2 sentences1929In the case of Hill v. State, 72 Ga. 131 , it was ruled that 'The code leaves it to the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion.’ ‘ Such recommendation [is] in all cases matter of discretion with the jury.’ Thomas v. State, 89 Ga. 479 . “’This right [to recommend to mercy] is not restricted in the code to cases of mitigating circumstances, or other 1902In the case of Hill v. State, 72 Ga. 131 , it was ruled that “ The code leaves it to the discretion of the jury as to whether they will recommend imprisonment for life in the penitentiary of a person convicted of murder; they are not limited or circumscribed in any respect whatever; nor does the law prescribe any rule by which the jury may or ought to exercise this discretion.” “ Such recommendation [is] in all cases matter of discretion with the jury.” Thomas v. State, 89 Ga. 479 . “ This right [to recommend to mercy] is not restricted in the code to cases of mitigating circumstances, or othe | 2 | 1902–1929 |
Perry v. State
green
2 sentences1929The solicitor-general insists that, in giving the instructions complained of, the trial judge unquestionably followed the reasoning of this court in the case of Perry v. State, 102 Ga. 365 [ 30 S. E. 903 ]. 1929The solicitor-general insists that, in giving the instructions complained of, the trial judge unquestionably followed the reasoning of this court in the case of Perry v. State, 102 Ga. 365 [ 30 S. E. 903 ]. | 2 | 1902–1929 |
Wheat v. State
green
2 sentences1939In the event you find the defendant guilty of murder and wish to recommend him to the mercy of the court, the form of that verdict would be, ‘Ve, the jury, find the defendant guilty and recommend him to the mercy of the court.’ That would mean he would be sentenced to the penitentiary for and during the term of his natural life.” See, as to the power of the jury, Hill v. State, 12 Ga. 131 ; Wheat v. State, 187 Ga. 480 (3) ( 1 S. E. 2d, 1 ), and cit. 1939In the event you find the defendant guilty of murder and wish to recommend him to the mercy of the court, the form of that verdict would be, ‘Ve, the jury, find the defendant guilty and recommend him to the mercy of the court.’ That would mean he would be sentenced to the penitentiary for and during the term of his natural life.” See, as to the power of the jury, Hill v. State, 12 Ga. 131 ; Wheat v. State, 187 Ga. 480 (3) ( 1 S. E. 2d, 1 ), and cit. | 1 | 1939–1939 |