Johnson v. State
Court of Appeals of Georgia
Indictment for murder, from Oglethorpe superior court — Judge Worley. December 12, 1907.
1Opinion of the CourtHill, C. J.
1. Where two men suddenly fall out and quarrel, and draw-knives and fight, and one kills the other by stabbing him, the offense is voluntary manslaughter. Gann v. State, 30 Ga. 67.
2. The theory of involuntary manslaughter in the commission of an unlawful act arises solely from the statement of the accused, and is in conflict with the evidence. The court, therefore, was not bound to give in charge the law of involuntary manslaughter, in the absence of a timely and pertinent written request. Hardin v. State, 107 Ga. 718, (33 S. E. 700) ; Richards v. State, 114 Ga. 834 (40 S. E. 1001) ; Baker v.…
2Cases cited6 opinions
- Gann v. StateSupreme Court of Georgia · 1860
- Hardin v. StateSupreme Court of Georgia · 1899
- Baker v. StateSupreme Court of Georgia · 1900
- Jones v. StateSupreme Court of Georgia · 1860
- Richards v. StateSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Isom v. StateCourt of Appeals of Georgia · 1924
- Conley v. StateCourt of Appeals of Georgia · 1917
- Benton v. StateCourt of Appeals of Georgia · 1911
- Lott v. StateCourt of Appeals of Georgia · 1916
- Burney v. StateCourt of Appeals of Georgia · 1918
5 more not listed; retrieve them via the Exa API.