Lightsy v. State
Court of Appeals of Georgia
Conviction, of manslaughter, from Chattooga superior court— Judge Fite. May 22, 1907.
1Opinion of the CourtHill, C. J.
Bob Lightsy was tried for' murder, and convicted of voluntary manslaughter, in the superior court of Chattooga, county. He made a motion for a new trial, which was overruled. We find three of the grounds meritorious.
1. Under the evidence and the defendant’s statement, the court erred in giving in charge section 73 of the Penal Code. The Supreme Court has repeatedly ruled that this section should never be given in charge unless there is some evidence tending to show that there was a mutual .combat between the accused and the deceased, or an agreement between the parties indicating a 'mutual…
2Cases cited9 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Jordan v. StateSupreme Court of Georgia · 1903
- Wheeler v. StateSupreme Court of Georgia · 1900
- Stubbs v. StateSupreme Court of Georgia · 1900
- McBeth v. StateSupreme Court of Georgia · 1905
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3Cited by7 opinions
- Warnack v. StateCourt of Appeals of Georgia · 1908
- Holland v. StateCourt of Appeals of Georgia · 1908
- McAllister v. StateCourt of Appeals of Georgia · 1910
- Smith v. StateCourt of Appeals of Georgia · 1935
- White v. StateCourt of Appeals of Georgia · 1919
2 more not listed; retrieve them via the Exa API.