Keaton v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Bower. Calhoun superior court. December term, 1895. Keaton was charged with the murder of Lingo, and was convicted of voluntary manslaughter. TIG motion for a new trial was overruled, and lie excepted.
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Indictment for murder. Before Judge Bower. Calhoun superior court. December term, 1895. Keaton was charged with the murder of Lingo, and was convicted of voluntary manslaughter. TIG motion for a new trial was overruled, and lie excepted. The motion was upon the following among other grounds: 1. Error in charging the jury: “If you believe that at the time of killing the deceased was attempting to commit a serious personal injury upon the defendant, not amounting to a felony, and that the defendant killed the deceased to prevent such serious personal injury, defendant would not be guilty of…
1Opinion of the CourtSimmons, C. J.
1. In charging concerning that part of the law of self-defense which makes it justifiable to kill another who manifestly intends or endeavors to commit a felony on the slayer, flhe court should not in effect instruct the jury that if the homicide in question was committed in resistance to 'a felonious assault which was actually being made upon the ac*198cused, it was essential to his justification, that it should also appear that the killing was not done in a spirit of revenge. It is proper, in charging as to the law of reasonable fears, to instruct the jury that where one seeks to justify a…
2Cited by4 opinions
- Surles v. StateSupreme Court of Georgia · 1918
- Teasley v. StateSupreme Court of Georgia · 1898
- Crolger v. StateCourt of Appeals of Georgia · 1953
- Greenway v. StateCourt of Appeals of Georgia · 1932