Stokes v. State
Supreme Court of Georgia
Indictment for ¡murder, in Wilkes Superior Court. Tried before Judge Andrews, September Term, 1854. Armistead T. Stokes was indicted for the murder of JamesHenly. On the trial, the following evidence was submitted to the Jury: William C. Dent, .sworn: Was present when difficulty happened in this county on 12th February, 1853; was at.
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Indictment for ¡murder, in Wilkes Superior Court. Tried before Judge Andrews, September Term, 1854. Armistead T. Stokes was indicted for the murder of JamesHenly. On the trial, the following evidence was submitted to the Jury: William C. Dent, .sworn: Was present when difficulty happened in this county on 12th February, 1853; was at. Stokes’ to help raise a house; just before dinner''a disputo arose between Mr. Curry and prisoner, when we were raising house; no fight, but an offer, when Mr. Henly interfered and prevented it. Prisoner then went to his house. Witness and. Henly also went to…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
A part of the charge of the Court complained of, was as follows: “ There must have been some assault by Henly on the prisoner, or an attempt by Henly .to commit a serious personal injury on him, to reduce the crime from murder to *34manslaughter.” According to this, no case of homicide can be a case of manslaughter, unless it be one in which the person killing was first assaulted by the person killed. According to this, therefore, if, in a sudden fight, without weapons, and one entered into with equal willingness by both parties, the party who…
2Cited by13 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Brown v. CommonwealthSupreme Court of Virginia · 1890
- Smith v. StateSupreme Court of Georgia · 1899
- Jenkins v. StateSupreme Court of Georgia · 1905
- State v. JohnsonSupreme Court of Kansas · 1888
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