Legal Opinion

Burris v. State

Court of Appeals of Georgia

Decided July 25, 1907No. 620PublishedCited by 10 opinions

Indictment for assault with intent to murder, from Johnson superior court — Judge Rawlings. May 6, 1907.

1Opinion of the CourtPowell, J.

1. The first headnote requires no elaboration. An examination of the authorities cited will show not only the existence of the rule, but also the sound reasons' upon which it is established.

2. While Chief Justice Jackson, in his dissenting opinion in *419Baldwin v. State, 75 Ga. 489, expresses it as Ms view of' the law, in cases of cutting with a knife, that “when, if‘the offender had killed, it would have been manslaughter, the offense is stabbing, yet the majority opinion in that case, declaring that since the amendment to the stabbing act the circumstances of justification are for the jury in…

2Cases cited4 opinions

  1. Paschal v. StateSupreme Court of Georgia · 1906
  2. Napper v. StateSupreme Court of Georgia · 1905
  3. Baldwin v. StateSupreme Court of Georgia · 1885
  4. Edmondson v. StateCourt of Appeals of Georgia · 1907

3Cited by10 opinions

  1. Fallon v. StateCourt of Appeals of Georgia · 1909
  2. Posey v. StateCourt of Appeals of Georgia · 1918
  3. Giddens v. StateCourt of Appeals of Georgia · 1920
  4. Kirkland v. StateCourt of Appeals of Georgia · 1942
  5. Lanier v. StateCourt of Appeals of Georgia · 1922

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