Legal Opinion

Davis v. State

Court of Appeals of Georgia

Decided February 3, 1948No. 31834PublishedCited by 4 opinions

1Opinion of the Court

1. As to the general grounds, the evidence supports the verdict.

2. Where one is on trial for murder and the evidence involves mutual combat, and the verdict is for voluntary manslaughter, such a verdict is an acquittal of murder, and the failure to charge the principle of mutual combat under the Code, § 26-1014, is not cause for reversal. Had the verdict been for murder, the failure so to charge would be reversible error.

3. In a criminal case, where the conviction is based on evidence other than the confession of the defendant alone, it is not error, in the absence of a timely written…

2Cases cited16 opinions

  1. Dorsey v. StateSupreme Court of Georgia · 1906
  2. Waller v. StateSupreme Court of Georgia · 1897
  3. Tiller v. StateSupreme Court of Georgia · 1943
  4. Kelly v. StateSupreme Court of Georgia · 1916
  5. Joiner v. StateSupreme Court of Georgia · 1907

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McKibben v. StateCourt of Appeals of Georgia · 1953
  2. Lewis v. StateCourt of Appeals of Georgia · 1949
  3. Rowe v. StateCourt of Appeals of Georgia · 1987
  4. Rowe v. StateCourt of Appeals of Georgia · 1987

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