Short v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Hawkins. Worth superior court. "July 10,1913. The defendant, Alva F. Short, was jointly indicted with Linwood W. Lundy for the murder of J. Douglas Bass. The defendant was separately tried. The evidence introduced by the State tended to show that the decedent in company with J. R. Hill was walking down a street in Sylvester.
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Indictment for murder. Before Judge Hawkins. Worth superior court. "July 10,1913. The defendant, Alva F. Short, was jointly indicted with Linwood W. Lundy for the murder of J. Douglas Bass. The defendant was separately tried. The evidence introduced by the State tended to show that the decedent in company with J. R. Hill was walking down a street in Sylvester. They stopped at a drug-store, then proceeded down the street to the post-office, on the corner of the street and an alley. As decedent and Hill were- almost in front of the post-office door, the defendant approached them and stated to…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. In charging on the law of justifiable homicide the court read to the jury Penal Code §§ 70 and 71. He followed this with an elaboration of the principles of these two sections, explaining that the fears of the slayer must be those of a reasonably courageous man, that the sufficiency of the fears was to be passed on by the jury, and that if there should be a reasonable doubt that the defendant acted under such fears to prevent a felony from being perpetrated on his person hé should be given the benefit of such reasonable doubt. The court then charged on…
2Cases cited4 opinions
- Price v. StateSupreme Court of Georgia · 1911
- Tolbirt v. StateSupreme Court of Georgia · 1906
- Pugh v. StateSupreme Court of Georgia · 1901
- Roach v. StateSupreme Court of Georgia · 1864
3Cited by19 opinions
- Shouse v. StateSupreme Court of Georgia · 1974
- Edwards v. StateSupreme Court of Georgia · 1975
- Daniel v. StateSupreme Court of Georgia · 1939
- Chappell v. StateSupreme Court of Georgia · 1953
- Brown v. StateSupreme Court of Georgia · 1999
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