Smith v. State
Supreme Court of Georgia
Criminal law. Murder. Manslaughter. Lee Smith was placed on trial for the offense of murder, alleged to have been committed upon the person of Katy Smith, on June 24th, 1872. The defendant pleaded not guilty. The evidence made substantially the following case: The homicide occurred in Webster county, at or about the time charged in the indictment. The deceased was the wife of the defendant. They had been married some two or three years.
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Criminal law. Murder. Manslaughter. Lee Smith was placed on trial for the offense of murder, alleged to have been committed upon the person of Katy Smith, on June 24th, 1872. The defendant pleaded not guilty. The evidence made substantially the following case: The homicide occurred in Webster county, at or about the time charged in the indictment. The deceased was the wife of the defendant. They had been married some two or three years. They had been living on bad terms until some two or three months before the homicide, when the deceased went to her mother’s house, whether of her own accord…
1Opinion of the Court
McCay, Judge.
It is a mistake to suppose that if one kill another in the heat of passion, that such killing cannot be murder. Every man is responsible to the community for the control of his temper, and if for some small provocation he permits himself to get into a fury and kills a human being, it is murder. There must be provocation such as justifies the excitement of passion. Provocation by words, threats and contemptuous gestures, is, by the very terms of the Code, insufficient. So, also, if the passion be aroused for just cause, the law holds a man responsible for failing to grow calm in a…
2Cited by8 opinions
- Hardy v. StateSupreme Court of Georgia · 1980
- State v. NorrisSupreme Court of South Carolina · 1969
- Swett v. StateSupreme Court of Georgia · 1978
- Edmonds v. StateSupreme Court of Georgia · 1946
- Isaac v. StateSupreme Court of Georgia · 1994
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