Brooks v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Mathews. Bibb superior court. July 28, 1920. Evidence for the State showed that defendant and the deceased, his wife, had been separated for some weeks; that she was living temporarily at the home of one Burnett; that on the night of the shooting the defendant went to the home of Burnett and asked to see his wife; that she refused to see him, stating that he had come there for “devilment,” whereupon the defendant stated that she was afraid…
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Indictment for murder. Before Judge Mathews. Bibb superior court. July 28, 1920. Evidence for the State showed that defendant and the deceased, his wife, had been separated for some weeks; that she was living temporarily at the home of one Burnett; that on the night of the shooting the defendant went to the home of Burnett and asked to see his wife; that she refused to see him, stating that he had come there for “devilment,” whereupon the defendant stated that she was afraid of him, and surrendered to Burnett a pistol and requested that he be searched in order that she might be satisfied that…
1Opinion of the CourtGilbert, J.
1. Neither the evidence nor the defendant’s statement authorized the court to give in charge to the jury the provisions of the Penal Code, § 75: “All other instances which stand upon the same footing of reason and justice as those enumerated shall be justifiable homicide.” Accordingly it was not error to refuse the written request so to instruct the jury. Compare Jackson v. State, 135 Ga. 684 (2-a), 685 (70 S. E. 245).(a) The court submitted the issue of voluntary manslaughter under appropriate instructions relative to a killing as the result of a sudden, violent impulse of passion caused by…
2Cases cited9 opinions
- Taylor v. StateSupreme Court of Georgia · 1904
- Worley v. StateSupreme Court of Georgia · 1911
- Daniel v. StateSupreme Court of Georgia · 1897
- Barnett v. StateSupreme Court of Georgia · 1911
- Crawley v. StateSupreme Court of Georgia · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smithwick v. StateSupreme Court of Georgia · 1945
- Chapman v. StateSupreme Court of Georgia · 1923
- Cone v. StateSupreme Court of Georgia · 1942
- Jackson v. StateSupreme Court of Georgia · 1923
- Poole v. StateCourt of Appeals of Georgia · 1974
4 more not listed; retrieve them via the Exa API.