Carswell v. State
Court of Appeals of Georgia
Indictment for murder; from Laurens superior court — Judge Martin. Robert Carswell was convicted of voluntary manslaughter. From the evidence it appears, that on his going into the store of Lee Royal, the deceased, the latter charged him with having been “dodging around” his (Royal’s) house after his twelva-year-old daughter.
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Indictment for murder; from Laurens superior court — Judge Martin. Robert Carswell was convicted of voluntary manslaughter. From the evidence it appears, that on his going into the store of Lee Royal, the deceased, the latter charged him with having been “dodging around” his (Royal’s) house after his twelva-year-old daughter. The defendant denied the charge, but Roj'ul said that if he heard of it again he would kill the defendant. ■ As the quarrel progressed, there was mutual cursing. As to what happened after this, the evidence is in conflict. The defendant and his witnesses say that he was…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.) 1. The defendant contended that the court erred in excluding from the jury his statement, made a short while after the fatality, under the following circumstances: After the three pistol-shots and a pause of a few seconds came the gunshot. Then the defendant’s brother came into the store door with the gun in his hands, and said: “Let me have some shells. I am going out there and kill that God damn Charles McCall, who -is the instigation of all this row.” The storekeeper said: “You get out of this store with that gun. You can’t ge't no shells in here.”…
2Cases cited7 opinions
- Futch v. StateSupreme Court of Georgia · 1892
- Nobles v. StateSupreme Court of Georgia · 1906
- Dorsey v. StateSupreme Court of Georgia · 1906
- Clark v. StateSupreme Court of Georgia · 1903
- Hall v. StateSupreme Court of Georgia · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Usry v. Augusta Southern RailroadCourt of Appeals of Georgia · 1920
- Amerson v. StateCourt of Appeals of Georgia · 1916
- Tribble v. StateCourt of Appeals of Georgia · 1958
- Chapman v. GilmoreCourt of Appeals of Georgia · 1928