Boatwright v. State
Supreme Court of Georgia
Criminal law. Murder. Manslaughter. Assault and battery. Charge of court. Before Judge Atkinson. Glynn superior court. December term, 1890. Boatwright was charged with the murder of Barkaloo. He was found guilty of voluntary manslaughter, and to the overruling of his motion for new trial'he excepted.
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Criminal law. Murder. Manslaughter. Assault and battery. Charge of court. Before Judge Atkinson. Glynn superior court. December term, 1890. Boatwright was charged with the murder of Barkaloo. He was found guilty of voluntary manslaughter, and to the overruling of his motion for new trial'he excepted. One of the grounds of the motion was, that the court charged as follows':' “If you should believe from the evidence in this case that the defendant 'used opprobrious words towards the deceased, you will consider whether these words were of such a character as would have justified the infliction…
1Opinion of the Court
*141 Judgment reversed.
Another ground is, that the court erred in assuming in the charge that defendant had given provocation to deceased, that deceased advanced upon defendant, that defendant still provoked deceased and armed himself, and that they engaged in such mortal combat,—as appears from the following instructions : “Words cannot justify the use of a deadly weapon in the infliction of a battery; and if you believe from the evidence that upon such provocation given that the deceased advanced upon defendant, that the defendant still provoked the deceased and armed himself, and that they…
2Cited by18 opinions
- Coleman v. StateSupreme Court of Georgia · 1905
- Butler v. StateSupreme Court of Georgia · 1893
- State v. GordonSupreme Court of Missouri · 1905
- Ratliff v. JewellSupreme Court of Virginia · 1929
- Domingo v. StateSupreme Court of Georgia · 1957
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