Platt v. State
Court of Appeals of Georgia
Indictment for murder—conviction of voluntary manslaughter; from Thomas superior court—Judge Thomas. September 28, 1912. The .accused killed George Hurst, the husband of his sister. She was the only witness. She testified, that, while she was sitting on her husband’s lap, he became angry and said he was going to kill himself by cutting his head off. He was drunk ox had been drinking.
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Indictment for murder—conviction of voluntary manslaughter; from Thomas superior court—Judge Thomas. September 28, 1912. The .accused killed George Hurst, the husband of his sister. She was the only witness. She testified, that, while she was sitting on her husband’s lap, he became angry and said he was going to kill himself by cutting his head off. He was drunk ox had been drinking. He got his knife out and opened it, and she tried to get away from him, and screamed for her brother (the accused), who was in another room, asleep, to come and help her. Her brother got up from the bed, after…
1Opinion of the CourtRussell, J.
Neither under the evidence for the State nor in the prisoner’s statement was there any theory upon which a verdict of voluntary manslaughter could be sustained. Judgment reversed.
The defendant’s statement to the jury was as follows: “I was lying down on the bed and my sister screamed for me, and I got up and ran in there to her. I got in there and she had him (the deceased) by the left arm. He was saying he was going to kill her. I ran in and stabbed him. He swore he was going tp kill her, and as I stabbed him she jerked loose. I went out at one'door, he went out at the other. He ran in the…
2Cases cited3 opinions
- Gann v. StateSupreme Court of Georgia · 1860
- Caruthes v. StateSupreme Court of Georgia · 1895
- Owens v. StateSupreme Court of Georgia · 1904
3Cited by1 opinion
- Shaw v. DeVaneSupreme Court of Georgia · 1930