Buchanan v. State
Supreme Court of Georgia
Murder, from Harris comity. Tried before Judge Woerile, October Term, 185,7. Joseph Buchanan the plaintiff in error, was indicted for the murder of Joseph J. Gorham ; he was convicted of voluntary manslaughter, and moved for a new trial, on the following grounds: 1st. Because the Court erred after giving to the jury the definition of voluntary manslaughter, as contained in the penal code, in instructing the jury that if the proof showed that there was an attempt by Gorham to…
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Murder, from Harris comity. Tried before Judge Woerile, October Term, 185,7. Joseph Buchanan the plaintiff in error, was indicted for the murder of Joseph J. Gorham ; he was convicted of voluntary manslaughter, and moved for a new trial, on the following grounds: 1st. Because the Court erred after giving to the jury the definition of voluntary manslaughter, as contained in the penal code, in instructing the jury that if the proof showed that there was an attempt by Gorham to commit a serious personal injury on the person of Buchanan, and he Buchanan at the time without notice, and in a sudden…
1Opinion of the CourtBennjng, J.
By Ihe Court. delivering the opinion.
Did the Court err in refusing to grant a new trial ? This is the question.
Was the charge contained in the [first ground of the motion right ?
It is argued that an attempt to kill a man, is an attempt “ to commit a serious personal injury” on him; and that killing, in repelling an attempt to kill, is not manslaughter, but-only justifiable homicide. In other words, that the expression, an attempt to commit a serious personal injury on a man, includes attempts to commit felonies on him. Consequently, that the charge amounted to telling the jury, that Buchanan…
2Cited by8 opinions
- Hall v. StateSupreme Court of Georgia · 1913
- Crawley v. StateSupreme Court of Georgia · 1921
- Jones v. StateSupreme Court of Georgia · 1903
- Perry v. StateSupreme Court of Georgia · 1903
- Sumner v. StateSupreme Court of Georgia · 1899
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