Ison v. State
Supreme Court of Georgia
Indictment for mnrder. Before Judge Searcy. Spalding superior court. February 24, 1922. Grover Ison was convicted of the murder of Charlie Coggins, under an indictment which alleged that the homicide was committed by shooting the deceased with a pistol. The% exception is to a judgment refusing the defendant’s motion' for a new trial.
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Indictment for mnrder. Before Judge Searcy. Spalding superior court. February 24, 1922. Grover Ison was convicted of the murder of Charlie Coggins, under an indictment which alleged that the homicide was committed by shooting the deceased with a pistol. The% exception is to a judgment refusing the defendant’s motion' for a new trial. The first five special grounds of the motion for new trial are based on the omission of the judge, without any written request, to instruct the jury upon the law of voluntary manslaughter based on the theory that the homicide was the result of a mutual combat…
1Opinion of the CourtAtkinson, J.
1. The judge omitted to charge the law of voluntary manslaughter applicable to a case where the homicide occurs as a result of mutual combat between the deceased and the accused, and excluded that theory from consideration of the jury by the language used in charging generally the law of voluntary manslaughter. If there was evidence that the homicide occurred as a result of a mutual combat between the defendant and the deceased, arising upon a sudden quarrel, it would have been the duty of the judge to instruct the jury upon that phase of the case, and erroneous to so instruct the jury as to…
2Cases cited10 opinions
- Findley v. StateSupreme Court of Georgia · 1906
- Ray v. StateSupreme Court of Georgia · 1854
- Gann v. StateSupreme Court of Georgia · 1860
- Gresham v. Equitable Accident InsuranceSupreme Court of Georgia · 1891
- Bailey v. StateSupreme Court of Georgia · 1918
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Joyner v. StateSupreme Court of Georgia · 1951
- Shafer v. StateSupreme Court of Georgia · 1941
- Shafer v. StateSupreme Court of Georgia · 1941
- Sheffield v. StateSupreme Court of Georgia · 1939
- Cady v. StateSupreme Court of Georgia · 1944
16 more not listed; retrieve them via the Exa API.