Legal Opinion

Whatley v. State

Court of Appeals of Georgia

Decided March 14, 1974No. 49105PublishedCited by 10 opinions

1Opinion of the Court

Evans, Judge.

Defendant was indicted and tried for murder. He was convicted of manslaughter and sentenced to serve eight years. Motion for new trial was filed and denied. Defendant appeals. Held:

1. The victim was shot and killed in a fight over a card game. The defendant contended he acted in self defense and under reasonable fears for his life because of threats, menaces and actual assault upon him by the victim. He admits he shot the deceased. Defendant cites York v. State, 226 Ga. 281 (174 SE2d 418), but this case does not support his contentions. The evidence was sufficient to support the…

2Cases cited4 opinions

  1. Ozburn v. StateSupreme Court of Georgia · 1891
  2. Moulder v. StateCourt of Appeals of Georgia · 1911
  3. York v. StateSupreme Court of Georgia · 1970
  4. Harrison v. StateCourt of Appeals of Georgia · 1922

3Cited by10 opinions

  1. Clark v. StateCourt of Appeals of Georgia · 1988
  2. Dover v. StateCourt of Appeals of Georgia · 1989
  3. Nassar v. StateSupreme Court of Georgia · 1984
  4. Simmons v. StateCourt of Appeals of Georgia · 1983
  5. Montgomery v. StateCourt of Appeals of Georgia · 1985

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