Legal Opinion

Fussell v. State

Supreme Court of Georgia

Decided June 4, 1894PublishedCited by 7 opinions

Indictment for assault to murder. Before Judge Hunt. Irwin superior court. October term, 1893.

1Opinion of the Court

Lumpkin, Justice.

According to the evidence, Dorminy and Dixon were seated together in a Ijuggy near a shelter where reli*79gious services were being conducted. Russell, the accused, approached the buggy and an altercation ensued, in the course of which insulting language was used by both himself and Dorminy. The jury were warranted in finding that Russell began the quarrel, and that he used the first offensive epithet. As Russell was coming up to the buggy, Dorminy placed his hand behind his back, as if in the act of drawing a weapon, and while the exchange of opprobrious words was in progress,…

2Cases cited1 opinion

  1. Boatwright v. StateSupreme Court of Georgia · 1892

3Cited by7 opinions

  1. State v. TaylorWest Virginia Supreme Court · 1905
  2. Coleman v. StateSupreme Court of Georgia · 1905
  3. Domingo v. StateSupreme Court of Georgia · 1957
  4. Smarrs v. StateSupreme Court of Georgia · 1908
  5. Sams v. StateSupreme Court of Georgia · 1905

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