Brantley v. State
Supreme Court of Georgia
Criminal law. Shooting at another. Reasonable fears. Charge of court. Punishment. Practice. Verdict. Before Judge Gober. Douglas superior court. July term, 1890. Brantley was indicted for assault with intent to murder, alleged to have been committed upon Duke by shooting him. He was found guilty of shooting at another “not under circumstances of justification as charged in the indictment.”
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Criminal law. Shooting at another. Reasonable fears. Charge of court. Punishment. Practice. Verdict. Before Judge Gober. Douglas superior court. July term, 1890. Brantley was indicted for assault with intent to murder, alleged to have been committed upon Duke by shooting him. He was found guilty of shooting at another “not under circumstances of justification as charged in the indictment.” He moved for a new trial on the following among other grounds: (1) After the jury had remained out all night and requested a further charge as to the “law of shooting,” the court charged : “If you find that…
1Opinion of the Court
Lumpkin, Justice.
Duke, the prosecutor, and Brantley,-the defendant, had a quarrel in the forenoon about a dog, which resulted in nothing serious. That night, while Brantley was in a store in the town of Douglasville, having with him a shot-gun with which he had been hunting in the afternoon, Duke appeared on the scene and fired at him with a pistol, inflicting a severe Avound. Brantley immediately returned the fire with his gun. By reason of the firing of the gun, the light in the store was extinguished, and both parties disappeared from the store in the dark, and Avent down the street. A…
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