Floyd v. State
Supreme Court of Georgia
Indictment for Stabbing. Motion for new trial. Decided by Judge Holt. Burke Superior Court, November Term, 1860. Floyd stood conversing witb the two Messrs. Brinson. He bad open in his hand such a knife as farmers carry, and was perhaps whittling or cleaning his finger nails. Whilden approached and asked Floyd if he had been accusing him of collecting money for his (Floyd’s) slave and stealing it. Floyd said he did.
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Indictment for Stabbing. Motion for new trial. Decided by Judge Holt. Burke Superior Court, November Term, 1860. Floyd stood conversing witb the two Messrs. Brinson. He bad open in his hand such a knife as farmers carry, and was perhaps whittling or cleaning his finger nails. Whilden approached and asked Floyd if he had been accusing him of collecting money for his (Floyd’s) slave and stealing it. Floyd said he did. Immediately Whilden struck Floyd with his fist, and Floyd stabbed him, and pursuing Whilden, who walked backward, continued stabbing him. Whilden drew his knife; Floyd ranWhilden…
1Opinion of the CourtHarris, J.
The general rule in criminal law in reference to assaults made on a person, and how they may be repelled defensively, is that contained in the charge of Judge Holt to the jury, which tried this indictment, “that whether the stabbing by plaintiff in error amounted to self-defence, depended on the *93nature and violence of the assault made on him.” In this case the plaintiff in error received a blow with the fist of the assailant. As it does not appear by the record that there was great superiority in physical strength on the part of the assailant over that possessed by Floyd, nor it appearing…
2Cited by8 opinions
- Smith v. StateIndiana Supreme Court · 1895
- State v. RaderOregon Supreme Court · 1919
- Ralls v. E. R. Taylor Auto CompanySupreme Court of Georgia · 1947
- Morgan v. StateSupreme Court of Georgia · 1904
- State v. DohertyOregon Supreme Court · 1908
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