Moody v. State
Supreme Court of Georgia
Accusation of assault and battery. Before Judge McRae. City court of McRae. June 24, 1904. Moody was charged with having committed an assault and battery upon Davis. From the evidence it appeared that Moody, as marshal of McRae, arrested Davis, catching him from behind and pinioning his arms to his side. Davis testified that, while he made no resistance, he did not voluntarily go to the guard-house, but forced Moody to carry him.
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Accusation of assault and battery. Before Judge McRae. City court of McRae. June 24, 1904. Moody was charged with having committed an assault and battery upon Davis. From the evidence it appeared that Moody, as marshal of McRae, arrested Davis, catching him from behind and pinioning his arms to his side. Davis testified that, while he made no resistance, he did not voluntarily go to the guard-house, but forced Moody to carry him. Moody contended that Davis had a cane in his pinioned hands and was endeavoring to strike him with it. Davis testified that when they reached the guard-house, Moody…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. The conversation immediately succeeding the battery illustrated the question of motivé, and was a part of the res gestee, and thereforé admissible.
2 — 6. There was undoubted evidence of resistance on the part of Davis to the arrest by Moody. But if there was any testimony to warrant a charge on the subject of self-defense, it was included in the very proper instruction given to the jury, and of which complaint is made in the motion for a new trial. The rights and duty of the officer were there correctly stated. The *870greater includes the less. , If he has…
2Cited by6 opinions
- Morton v. StateSupreme Court of Georgia · 1940
- Wells v. StateCourt of Appeals of Georgia · 1932
- Newkirk v. StateCourt of Appeals of Georgia · 1938
- Landrum v. United StatesCourt of Appeals for the D.C. Circuit · 1933
- Benford v. StateCourt of Appeals of Georgia · 1946
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