Legal Opinion

Banks v. State

Supreme Court of Georgia

Decided May 15, 1941No. 13723PublishedCited by 2 opinions

1Opinion of the Court

1. Affidavit in forma pauperis held, not legally sufficient to relieve against cost payment.

2-4. Evidence showing that a knife with which the accused intentionally stabbed the deceased was an instrument likely to produce death, the law of involuntary manslaughter was not involved.

5. If the statement of the accused on trial could be construed as raising an issue of involuntary manslaughter, the court's omission to charge the jury on that theory was not erroneous in the absence of a proper request.

6. Conviction of murder was authorized by the evidence.

No. 13723. MAY 15, 1941.

Roy Banks was…

2Cases cited10 opinions

  1. Dorsey v. StateSupreme Court of Georgia · 1906
  2. Benton v. StateSupreme Court of Georgia · 1937
  3. Paschal v. StateSupreme Court of Georgia · 1906
  4. Brown v. StateSupreme Court of Georgia · 1859
  5. Kennedy v. StateSupreme Court of Georgia · 1940

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3Cited by2 opinions

  1. Wheeler v. StateCourt of Appeals of Georgia · 1941
  2. Gaddis v. StateCourt of Appeals of Georgia · 1963

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