Johnson v. State
Supreme Court of Georgia
Criminal law. Murder. Manslaughter. Reasonable Fears. Evidence. Dying Declarations. Before Judge Bower. Dougherty Superior Court. October Term, 1883. R. M. Johnson was indicted for the murder of John Cooper. On the trial, the evidence for the state was, in brief, as follows: Joseph W. Cooper, the brother of the deceased, had had a misunderstanding with the defendant in regard to. the right to sell soda water at a barbecue conducted by one Marshall Merritt, colored.
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Criminal law. Murder. Manslaughter. Reasonable Fears. Evidence. Dying Declarations. Before Judge Bower. Dougherty Superior Court. October Term, 1883. R. M. Johnson was indicted for the murder of John Cooper. On the trial, the evidence for the state was, in brief, as follows: Joseph W. Cooper, the brother of the deceased, had had a misunderstanding with the defendant in regard to. the right to sell soda water at a barbecue conducted by one Marshall Merritt, colored. Cooper claimed that Merritt had granted him the right to sell soda water there, and that, just as he was preparing to go, he…
1Opinion of the Court
Jackson, Chief Justice.
1. On a careful examination of the charge of the court, and the exceptions thereto specified in the motion for a *694new trial, read in connection with the whole charge and construed therewith, we find but a single error which, in our judgment, requires the grant of a new trial. That is' the omission of the court of all allusion to the rencounter of defendant with J. W. Cooper, the brother of deceased, with whom defendant was engaged when deceased ran up to the place of combat. It appears that the accused had been accosted by the brother of deceased, and was the aggressor…
2Cited by12 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Warrick v. StateSupreme Court of Georgia · 1906
- Mullis v. StateSupreme Court of Georgia · 1943
- Battle v. StateSupreme Court of Georgia · 1897
- Gresham v. StateCourt of Appeals of Georgia · 1943
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