Key v. State
Court of Appeals of Georgia
Indictmeñt for murder; conviction of. manslaughter; from Jasper superior court — Judge Park. June 2, 1917. Sam Key was indicted for the murder of Cohen Malone, and was convicted of voluntary manslaughter.
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Indictmeñt for murder; conviction of. manslaughter; from Jasper superior court — Judge Park. June 2, 1917. Sam Key was indicted for the murder of Cohen Malone, and was convicted of voluntary manslaughter. As each ground of the amendment to the motion for a new trial complains of certain instructions of the court upon the ground that they were unauthorized under the evidence, a recital of the testimony adduced upon the trial is necessary to a clear understanding of the errors complained of. The evidence shows, that the residence of the defendant was within sight of the home of Walter Roberts…
1Opinion of the CourtHarwell, J.
(After stating the facts.) 1. We think the evidence authorized the charges complained of in grounds 8 and 9 of the motion for new trial. The charge set out in ground 8 was, that, should the jury believe the defendant lured Cohen Malone to his house for the purpose of killing him, and brought about circumstances where it was necessary for Malone to protect his own person, the defendant would not be authorized to take- advantage of any illegal circumstances he brought about himself. The charge set out in ground 9 was on the law of mutual combat.
2. The following excerpts from the charge of the…
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