Legal Opinion

Williams v. State

Court of Appeals of Georgia

Decided September 30, 1943No. 30139PublishedCited by 2 opinions

1Opinion of the CourtMacIntyre, J.

One may kill to protect another from death or a felonious bodily injury, real or apparent, and may be justified. 1 Warren on Homicide, 791, § 161. Where the defendant is charged with an assault with intent to murder, in order to justify him foi an assault with intent to kill, on the ground that he acted only in defense of another person who was merely a companion or stranger and a mere bystander, the following elements must concur and must be shown: (1) That the defendant was without fault. (2) That the person defended was actually without fault, or that it appeared to the accused, acting as…

2Cases cited8 opinions

  1. Warnack v. StateCourt of Appeals of Georgia · 1908
  2. Burkett v. StateSupreme Court of Alabama · 1908
  3. Gossett v. StateSupreme Court of Georgia · 1905
  4. Mitchell v. StateSupreme Court of Georgia · 1857
  5. Cloud v. StateSupreme Court of Georgia · 1888

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3Cited by2 opinions

  1. Hampton v. StateCourt of Appeals of Georgia · 1960
  2. Taylor v. StateCourt of Appeals of Georgia · 1959

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