Hoye v. State
Supreme Court of Georgia
Murder. Arrest of judgment. Adjournment of Courts. Before Judge Cole. Bibb Superior Court. May adjourned Term, 1869. Hoye was charged with having murdered Aaron Moore, on the 10th of January, 1869, in said county. That Hoye did the killing was shown. The mortal wound was by a pistol ball, under the shoulder-blade. Moore was dunning him for a blacksmith’s bill.
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Murder. Arrest of judgment. Adjournment of Courts. Before Judge Cole. Bibb Superior Court. May adjourned Term, 1869. Hoye was charged with having murdered Aaron Moore, on the 10th of January, 1869, in said county. That Hoye did the killing was shown. The mortal wound was by a pistol ball, under the shoulder-blade. Moore was dunning him for a blacksmith’s bill. Dick Bailey, a negro, testified that when Moore said people would not pay him for his work, Hoye told his son, James Hoye, to hand him his pistol; Moore ran and Hoye shot him while he ran. After shooting him, Hoye shot at him again.…
1Opinion of the CourtBrown, C. J.
1. The excuse set up by the defendant’s witness in this case, to justify the killing, was that the deceased, during the quarrel, cursed prisoner, threatened to kill him and put his hand in his bosom, when prisoner took witness’ pistol from his person and shot deceased. Under this state of facts the Judge gave in charg'e to the jury section 4267 of the Revised Code, which relates to the killing of another in self-defense, as the law applicable to the case, and this is assigned as error. And it is insisted that the Jqdge should have given in charge section 4264, which relates to justifiable…
2Cited by26 opinions
- Vaughn v. StateSupreme Court of Georgia · 1892
- Warrick v. StateSupreme Court of Georgia · 1906
- Vann v. StateSupreme Court of Georgia · 1889
- Vincent v. StateSupreme Court of Georgia · 1922
- May v. StateSupreme Court of Georgia · 1893
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