Legal Opinion

Mathews v. State

Supreme Court of Georgia

Decided March 23, 1906PublishedCited by 5 opinions

Indictment for shooting at another. Before Judge Hammond. Richmond superior court. December 18, 1905.

1Opinion of the CourtLumpkin, J.

1. That which is perfectly justifiable on the part of a person who is shot at can not be any legal provocation to the person shooting, on a trial for shooting at another not in his own defense or under circumstances of justification. Lingo v. State, 29 Ga. 470; Roach v. State, 34 Ga. 84.

2. Where there was evidence tending to show that the prosecutor and the accused had a difficulty in which the former struck the latter; that shortly afterwards the accused was hunting for the prosecutor and threatening to kill him, which fact was communicated to the prosecutor, and-in the difficulty which…

2Cases cited3 opinions

  1. Butler v. StateSupreme Court of Georgia · 1893
  2. Lingo v. StateSupreme Court of Georgia · 1859
  3. Roach v. StateSupreme Court of Georgia · 1864

3Cited by5 opinions

  1. State v. NorrisSupreme Court of South Carolina · 1969
  2. Anderson v. StateSupreme Court of Georgia · 1943
  3. Edmonds v. StateSupreme Court of Georgia · 1946
  4. Slocumb v. StateSupreme Court of Georgia · 1923
  5. Edmonds v. StateSupreme Court of Georgia · 1946

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