Legal Opinion

Coleman v. State

Supreme Court of Georgia

Decided June 13, 1919No. 1416PublishedCited by 19 opinions

Indictment for murder. Before Judge Graham. Treutlen superior court. April 5, 1919. T. E. Coleman shot and killed his son-in-law, N Berger The killing occurred in the restaurant of the latter. On the night of the homicide, Coleman, in response to a request from Berger, went to the restaurant to settle a dispute between the deceased and his wife. When he reached the restaurant Coleman invited the bystanders to leave the room, and closed the door.

Read the full summary

Indictment for murder. Before Judge Graham. Treutlen superior court. April 5, 1919. T. E. Coleman shot and killed his son-in-law, N Berger The killing occurred in the restaurant of the latter. On the night of the homicide, Coleman, in response to a request from Berger, went to the restaurant to settle a dispute between the deceased and his wife. When he reached the restaurant Coleman invited the bystanders to leave the room, and closed the door. He then inquired as to the cause of the difficulty between the deceased and his wife. Coleman contended that the deceased then repeated to and of his…

1Opinion of the CourtGeorge, J.

(After stating the foregoing facts.)

1. The complaint that the court did not explain in his charge what would constitute “other equivalent circumstances,” within the meaning of section 65 of the Penal Code, is not well taken. There was no request to define these words. It has been,expressly held: “What circumstances will present this equivalence and justify the excitement of passion, and exclude all idea of deliberation or malice, the law does not undertake to say; it furnishes a standard, and leaves the jury in each case to make the comparison, and determine whether the special facts of the…

2Cases cited11 opinions

  1. Findley v. StateSupreme Court of Georgia · 1906
  2. Deal v. StateSupreme Court of Georgia · 1916
  3. Ray v. StateSupreme Court of Georgia · 1854
  4. Futch v. StateSupreme Court of Georgia · 1911
  5. Ellison v. StateSupreme Court of Georgia · 1911

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Brooks v. StateSupreme Court of Georgia · 1982
  2. Aguilar v. StateSupreme Court of Georgia · 1978
  3. Cammons v. StateCourt of Appeals of Georgia · 1939
  4. Campbell v. StateSupreme Court of Georgia · 1948
  5. Ware v. StateSupreme Court of Georgia · 2018

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API