Legal Opinion

McDonald v. State

Court of Appeals of Georgia

Decided November 23, 1918No. 10075PublishedCited by 2 opinions

Indictment for murder; from Calhoun superior court—Judge Harrell. August 17, 1918.

1Opinion of the CourtBroyles, P. J.

1. There was no error in instructing the 'jury upon the law of murd'er. Where one of two persons jointly indicted for murder has been convicted of voluntary manslaughter, the other can nevertheless be tried and convicted of murder. Bruce v. State, 99 Ga. 50 (25 S. E. 760) ; Maughon v. State, 9 Ga. App. 559 -(71 S. E. 922). Moreover, even if this charge were error, the defendant can not complain, since he was found guilty of voluntary manslaughter only.

2. The instruction upon the principle of mutual protection by parents and children was authorized by the evidence, and was distinctly favorable…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Bruce v. StateSupreme Court of Georgia · 1896
  2. Maughon v. StateCourt of Appeals of Georgia · 1911
  3. Pope v. StateCourt of Appeals of Georgia · 1913

3Cited by2 opinions

  1. McKinney v. StateCourt of Appeals of Georgia · 1970
  2. Brown v. StateCourt of Appeals of Georgia · 1921

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