Mays v. State
Supreme Court of Georgia
Criminal law. Manslaughter. Husband and wife. Before Judge Milner. Bartow superior court. July term, 1891. Will Mays was indicted for murder, and was found guilty of voluntary manslaughter. He admitted the homicide and claimed that it was justifiable. He introduced no evidence.
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Criminal law. Manslaughter. Husband and wife. Before Judge Milner. Bartow superior court. July term, 1891. Will Mays was indicted for murder, and was found guilty of voluntary manslaughter. He admitted the homicide and claimed that it was justifiable. He introduced no evidence. In the evidence introduced by the State appeared the following: By invitation of the defendant’s wife Ellen, the deceased went to their house on the night of the killing, she having told deceased that defendant had gone off and would not return until a subsequent day. She knew that her husband was to be at home that…
1Opinion of the Court
Simmons, Justice.
The facts will be found in the official report. Under these facts, the able counsel for plaintiff in error contended that the verdict for voluntary manslaughter was erroneous, that the jury should have found Mays justifiable in killing the deceased. We have. carefully examined the authorities upon this subject, and they are uniform in holding that a person who kills another under circumstances such as disclosed by this record is not justifiable, but is guilty of manslaughter. This court has held that it would be competent for the jury, under §4334 of the code, to find the…
2Cases cited4 opinions
- State v. HolmeSupreme Court of Missouri · 1873
- Hill v. StateSupreme Court of Georgia · 1880
- State v. . HarmanSupreme Court of North Carolina · 1878
- Cloud v. StateSupreme Court of Georgia · 1888
3Cited by30 opinions
- Futch v. StateSupreme Court of Georgia · 1892
- Wilkerson v. StateSupreme Court of Georgia · 1893
- Brown v. StateSupreme Court of Georgia · 1971
- Daughtry v. Savannah & Statesboro Railway Co.Court of Appeals of Georgia · 1907
- Patterson v. StateSupreme Court of Georgia · 1910
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