Rutland v. State
Court of Appeals of Georgia
Indictment for murdeT — conviction of manslaughter; from Tift superior court — Judge Eve. October 1, 1921. 1. The charge of the court as to mutual combat is complained of in the motion for a new trial as follows.
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Indictment for murdeT — conviction of manslaughter; from Tift superior court — Judge Eve. October 1, 1921. 1. The charge of the court as to mutual combat is complained of in the motion for a new trial as follows. “Eighth. . • . (d) The movant points out the following portion of the said charge given to the jury, to wit: ‘Mutual combat may exist where there is a mutual intention to fight, though only one blow be struck.’ With reference to this portion of the charge, the movant further points out the fact that it immediately follows the following language used by the court, to wit, ‘ Section 73…
1Opinion of the CourtBroyles, C. J.
1. “ It is well settled by numerous rulings of the Supreme Court and of this court that the law of voluntary manslaughter may properly be given in charge to the jury on the trial of one indicted for murder, where, from the evidence or from the defendant’s statement to the jury, there is anything deducible which would lend to show that he was guilty of manslaughter, voluntary or involuntary, or which would be sufficient to raise a doubt as to whether the homicide was murder or manslaughter.” May v. State, 24 Ga. App. 382 (100 S. E. 799), and citation; Elders v. State, 24 Ga. App. 279 (100 S.…
2Cases cited3 opinions
- May v. StateCourt of Appeals of Georgia · 1919
- Hill v. StateCourt of Appeals of Georgia · 1916
- Elders v. StateCourt of Appeals of Georgia · 1919
3Cited by1 opinion
- Brown v. SheffieldCourt of Appeals of Georgia · 1970