McAllister v. State

1. “Tlie law embraced, in section 73 of the Penal Code does not qualify or limit the law of justifiable homicide as contained in sections 70 and 71. While the law embodied in sections 70 and 71, as well as that embodied in section 73, may both be properly given in the same case, the provisions of the different sections should not be charged in such a way as to leave the impression upon the jury that they are both applicable to the same state of facts.” Pugh v. State, 114 Ga. 16 (39 S. E; S75). Section 73 applies exclusively to cases of self-defense from danger to life arising during the…