Legal Opinion

Hodges v. State

Supreme Court of Georgia

Decided February 15, 1854No. 13PublishedCited by 2 opinions

Indictment for stabbing, in Dooly Superior Court. Tried -before Judge Powers, October Term, 1853. At the October Term, 1853, Henry Hodges was put upon .his trial, on an indictment for stabbing one James Holt.

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Indictment for stabbing, in Dooly Superior Court. Tried -before Judge Powers, October Term, 1853. At the October Term, 1853, Henry Hodges was put upon .his trial, on an indictment for stabbing one James Holt. The defendant pleaded “not guilty”. On the trial, the State swore Sampson Cason, who testified, ““ that on the day of the difficulty, heard Hodges and Holt talking loud and angry—the d-d lie was exchanged—Holt struck Hodges; the latter drew his knife, when Holt gave back, drew his knife, and in the difficulty, both were cut—Holt .giving Hodges the first wound”. Counsel for defendant…

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

[1.] The defendant relies upon the plea of self-defence, to-protect him against this prosecution. And this alone, is admissible, under the Statute of 1847, against stabbing.

[2.] And taking the rulings of the Court, in the exclusion of the defendant’s testimony, with his charge to the Jury, it is manifest, that in the opinion of the presiding Judge, the justification set up, to be available, must be restricted to the exact point of time during the progress of the affray, when Holt was cut by Hodges. We think that this view of the rights of the…

2Cited by2 opinions

  1. State v. SpearsSupreme Court of Louisiana · 1894
  2. Edmondson v. StateCourt of Appeals of Georgia · 1907

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