Legal Opinion

Frazier v. State

Supreme Court of Georgia

Decided March 1, 1901PublishedCited by 7 opinions

Indictment for assault with intent to murder. Before Judge Littlejohn. Sumter superior court. January 8, 1901.

1Opinion of the CourtLewis, J.

Wade Frazier was tried before a jury in the superior court of Sumter county, upon an indictment charging him with assault with intent to murder. He was found guilty, and made a motion for a new trial, to the overruling of which by the court below he excepted.

1, 2. Error is assigned upon the following charge of the court: “ A bare fear or a mere apprehension of a shooting to prevent which a killing was done will not justify. The circumstances must be such as to excite the reasonable fears in a rational mind, and the person shooting must act under the influence of such fears, and not in a…

2Cases cited4 opinions

  1. Choice v. StateSupreme Court of Georgia · 1860
  2. White v. StateSupreme Court of Georgia · 1897
  3. Cothran v. ForsythSupreme Court of Georgia · 1882
  4. Bird v. StateSupreme Court of Georgia · 1853

3Cited by7 opinions

  1. Britten v. StateSupreme Court of Georgia · 1965
  2. Woodward v. StateSupreme Court of Georgia · 1943
  3. Bivins v. StateSupreme Court of Georgia · 1946
  4. Southern Railway Co. v. ClaySupreme Court of Georgia · 1908
  5. Pennington v. StateCourt of Appeals of Georgia · 1930

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