Legal Opinion

Blackwell v. State

Supreme Court of Georgia

Decided January 12, 1904PublishedCited by 1 opinion

Indictment for affray. Before Judge Proffitt. City court of Elberton. November 18, 1903.

1Opinion of the Court

Candler, ,T.

1. The' use of profane and violent language by two persons, each to the other, although in a public place, is not sufficient, without more, to constitute an affray under the laws of this State ; but the offense is made out by proof of the conduct, indicated, under the circumstances mentioned, indulged' in by both parties and accompanied by such acts as drawing a razor, making a threatening gesture with a plank, and taking hold of each other, by which conduct citizens are terrorized and disturbed; it not appearing that either party was justifiable in all that he did. Hawkins v.…

2Cases cited1 opinion

  1. Hawkins v. StateSupreme Court of Georgia · 1853

3Cited by1 opinion

  1. Drake v. THE STATECourt of Appeals of Georgia · 1981

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