Williams v. McCranie
Court of Appeals of Georgia
Action for damages; from city court of Thomasville — H. JEL Merry, judge pro hac vice. March 11, 1921. Application for certiorari was denied by the Supreme Court.
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Action for damages; from city court of Thomasville — H. JEL Merry, judge pro hac vice. March 11, 1921. Application for certiorari was denied by the Supreme Court. This was a suit for damages on account of the homicide of the plaintiff’s husband, the petition alleging that he was unlawfully and intentionally shot and killed by the defendant, not by the commandment or with the permission of law, and not in self-defense or in defense of habitation, property, or person, under such circumstances as would justify the killing. The defendant, by his original plea, admitted his residence in the county…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.) Exception is taken to the following portion of the charge of the court: "The court instructs you as a matter of law that the effect of the admissions in the answer that the defendant did kill the plaintiff’s husband by shooting him with a pistol, as charged in paragraph 2 of the petition, and by the filing of the amendment to the answer, specifically pleading justification, is to establish prima facie that said killing was unlawful, and that, if the plaintiff has proved sufficient facts or data from which the jury can form a reasonable estimate as to the…
2Cases cited2 opinions
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Darby v. MooreSupreme Court of Georgia · 1916
3Cited by14 opinions
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Baldwin v. DavisSupreme Court of Georgia · 1939
- Georgia Railroad & Banking Co. v. WallisCourt of Appeals of Georgia · 1923
- Savannah & Atlanta Railway Co. v. NewsomeCourt of Appeals of Georgia · 1954
- Dixie Manufacturing Co. v. RicksCourt of Appeals of Georgia · 1923
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