Dunn v. State
Court of Appeals of Georgia
Indictment for murder — conviction of voluntary manslaughter; from Fannin superior court — Judge Patterson. August 15, 1913. In one of the grounds of the motion for a new trial, error is assigned on instructions of the court to the jury, consisting of the language of section 65 of the Penal Code; “for the following reasons: (a) In this case it was insisted that the homicide was committed by the defendant under the fears of a reasonable man that a serious bodily injury or a…
Read the full summary
Indictment for murder — conviction of voluntary manslaughter; from Fannin superior court — Judge Patterson. August 15, 1913. In one of the grounds of the motion for a new trial, error is assigned on instructions of the court to the jury, consisting of the language of section 65 of the Penal Code; “for the following reasons: (a) In this case it was insisted that the homicide was committed by the defendant under the fears of a reasonable man that a serious bodily injury or a felony was about to be perpetrated upon him by the deceased, and movant insists that it was error to charge the jury that…
1Opinion of the CourtHill, C. J.
1. The charge of the court on that portion of section 65 of the Penal Code relating to “provocation by words, threats, menaces,” etc., excepted to, was erroneous, under the decision of this court in Rossi v. State, 7 Ga. App. 732 (68 S. E. 56), and that of the Supreme Court in Cumming v. State, 99 Ga. 662 (27 S. E. 177); and a new trial should have been granted on this ground.
2. The theory of voluntary manslaughter is reasonably deducible from the evidence for the accused, and it was not error to charge the jury on that subject.
3. There was no error in refusing to allow the accused to prove…
2Cases cited2 opinions
- Cumming v. StateSupreme Court of Georgia · 1896
- Rossi v. StateCourt of Appeals of Georgia · 1910
3Cited by4 opinions
- Moyers v. StateCourt of Appeals of Georgia · 1939
- Burnsed v. StateCourt of Appeals of Georgia · 1914
- Dunn v. StateCourt of Appeals of Georgia · 1915
- Manson v. StateCourt of Appeals of Georgia · 1914