Strickland v. State
Supreme Court of Georgia
Indictment for assault to murder. Before Judge Reese. Madison superior court. September term, 1895. Strickland was indicted for assault with, intent to murder, and was convicted of assault and battery. Ii'is motion for a new trial was overruled, and he excepted. He and Gholston were cousins. Gholston was much the larger and stronger man, weighing about 230 pounds, while defendant weighed nearly 100 pounds less.
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Indictment for assault to murder. Before Judge Reese. Madison superior court. September term, 1895. Strickland was indicted for assault with, intent to murder, and was convicted of assault and battery. Ii'is motion for a new trial was overruled, and he excepted. He and Gholston were cousins. Gholston was much the larger and stronger man, weighing about 230 pounds, while defendant weighed nearly 100 pounds less. They were on opposite sides of a political contest being voted on, and the difficulty occurred at a polling precinct. Gholston had sent certain of his employees to vote, and followed…
1Opinion of the Court
Atkinson, Justice.
1. The request to charge, upon the refusal of wMch error was assigned, was defective for two reasons: It left entirely out of consideration the question as to whether or *87not the assault was lawful. Whatever may have been the relative difference in size, if the smaller person offer to the larger such an insult as justifies a battery, and a battery not •disproportioned to the offense given be committed, the person assailed cannot justify upon such provocation the use of a deadly weapon, nor can the person assailed under any circumstances justifiably resent a blow by stabbing.…
2Cases cited1 opinion
- Central Railroad v. HarrisSupreme Court of Georgia · 1886
3Cited by19 opinions
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Sledge v. StateSupreme Court of Georgia · 1896
- Baker v. StateCourt of Appeals of Georgia · 1914
- Colson v. StateCourt of Appeals of Georgia · 1976
- Barnes v. StateCourt of Appeals of Georgia · 1919
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