Robertson v. State

Bell, Chief Judge.

The defendant was tried for murder and convicted of voluntary manslaughter.

1. In a homicide prosecution the defendant can introduce proof that the deceased was a person of violent and turbulent character only where it is shown prima facie that the accused had been assailed by the deceased and was honestly seeking to defend himself. Doyal v. State, 70 Ga. 134. The only evidence in this case that the deceased was the assailant and that the defendant was honestly acting in self-defense comes from the sworn testimony of the defendant. The trial court refused to permit a defense…