Buchanan v. State
Supreme Court of Georgia
Indictment for assault -and battery. Before Judge Mil:ner. Catoosa superior court. February term, 1895. Buchanan was indicted for assaulting 'and -beating Culler; and after conviction, excepted to the- refusal of a .new trial. It appears, that Bucbanan went with Hooker to ■Culler’s house to see him about his oo-wb getting into a field ■which Buchan'an had subrented to Hooker.
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Indictment for assault -and battery. Before Judge Mil:ner. Catoosa superior court. February term, 1895. Buchanan was indicted for assaulting 'and -beating Culler; and after conviction, excepted to the- refusal of a .new trial. It appears, that Bucbanan went with Hooker to ■Culler’s house to see him about his oo-wb getting into a field ■which Buchan'an had subrented to Hooker. While there Mrs. Culler accused Buchanan of hurting her cow; which, •he denied, and Hooker admitted having done it -by throwing a rock at the animal. Buchanan, Hooker and Culler ■then started to- go- to- the field in…
1Opinion of the CourtAtkinson, J.
1. If, on the trial of an indictment for assault and battery, it is manifest that -the defense relied upon was the use by the person assaulted to the accused of opprobrious words or abusive language, immediately before the beating occurred, it is the duty of the court, even without a request so to do, to give in charge to the jury the provisions of section 103 of the Penal Code; and unless the record shows to the contrary, it will he presumed that this was done.
2. It will not, however, he presumed that the proper instructions upon this subject were not given to the jury merely because the…
2Cited by1 opinion
- Fort v. StateCourt of Appeals of Georgia · 1924