Gardner v. State
Supreme Court of Georgia
Criminal law. Murder. Manslaughter. Evidence. Before Judge Atkinson. Glynn superior court.. December adjourned term, 1890. ¡ Candus Gardner was indicted for the murder of IsaiahMinifield, and was found guilty. He excepted to the overruling of his motion for a new trial.
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Criminal law. Murder. Manslaughter. Evidence. Before Judge Atkinson. Glynn superior court.. December adjourned term, 1890. ¡ Candus Gardner was indicted for the murder of IsaiahMinifield, and was found guilty. He excepted to the overruling of his motion for a new trial. This motion contains the general grounds, and assigns error upon the refusal of the court to allow a witness to.answer the question, “ What was the general reputation of the deceased for violence?” defendant’s counsel stating that his object was to prove by the witness that deceased was a notorious desperado. Other grounds…
1Opinion of the Court
Bleckley, Chief Justice.
In Doyal v. The State, 70 Ga. 147-149, this court recognized the doctrine that the character of the deceased for violence is admissible in evidence only where it is shown prima facie that the accused had been assailed and was honestly seeking to defend himself. In addi*313tion to the authorities on the subject cited by Hall, J., in that case, see 1 Criminal Defenses (Horrigan & Thompson), 618 to 696. In the present case, it is manifest that the accused, when the homicide was committed, was not endeavoring to defend himself, but was making and following up an attack which…
2Cases cited2 opinions
- Doyal v. StateSupreme Court of Georgia · 1883
- Fields v. StateSupreme Court of Alabama · 1872
3Cited by18 opinions
- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- Cohen v. HartlageCourt of Appeals of Georgia · 1986
- Daniel v. StateSupreme Court of Georgia · 1897
- Cannon v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Post v. StateSupreme Court of Georgia · 1946
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