Cress v. State
Supreme Court of Georgia
Conviction of manslaughter. Before Judge Wright. Walker .•superior court. July 21, 1906. Cress was indicted for the murder of Kane, and found guilty of voluntary manslaughter; and he assigns error upon the refusal to grant a new trial. The State’s evidence shows that a party of soldiers from Fort Oglethorpe were assembled at a club-room run by Beacon, where all had been drinking.
Read the full summary
Conviction of manslaughter. Before Judge Wright. Walker .•superior court. July 21, 1906. Cress was indicted for the murder of Kane, and found guilty of voluntary manslaughter; and he assigns error upon the refusal to grant a new trial. The State’s evidence shows that a party of soldiers from Fort Oglethorpe were assembled at a club-room run by Beacon, where all had been drinking. Cress and two others, who were together, had some difficulty with the bartender, and went outside, felling the bartender that if he “wanted any part of them, he could get it.” The bartender went to Kane and said,…
1Opinion of the CourtBeck, J.
(After stating the facts.) 1. The first ground of the-amended motion for a new trial is as follows: “Because the court-erred in charging the jury as follows: ‘If the weapon used was--one which in its nature was not likely to produce death, the jury might infer a want of malice; and in such a case it would be voluntary manslaughter; but if the killing was done upon a sudden heat of passion provoked by words or abusive language, then, nothing else appearing, the killing would not be voluntary manslaughter,, but would be murder, if the weapon used showed an intent upon, the part of the accused…
2Cases cited4 opinions
- Florida, Central & Peninsular Railroad v. LucasSupreme Court of Georgia · 1900
- McDuffie v. StateSupreme Court of Georgia · 1893
- Atkins v. PaulSupreme Court of Georgia · 1881
- Partee v. Georgia RailroadSupreme Court of Georgia · 1884
3Cited by5 opinions
- Gravitt v. StateSupreme Court of Georgia · 1965
- Sasser v. StateSupreme Court of Georgia · 1907
- Central of Georgia Railway Co. v. DeasCourt of Appeals of Georgia · 1918
- Dotson v. StateSupreme Court of Georgia · 1907
- Tolbert v. StateSupreme Court of Georgia · 1907