Franklin v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Kent. Laurens supe-, rior court. May 29, 1916. Albert Franklin was indicted for the murder of G. S. Sowells. Upon the trial the jury returned a verdict of guilty, with a recommendation.
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Indictment for murder. Before Judge Kent. Laurens supe-, rior court. May 29, 1916. Albert Franklin was indicted for the murder of G. S. Sowells. Upon the trial the jury returned a verdict of guilty, with a recommendation. The evidence for the State shows a case of unprovoked murder; but the evidence introduced by the defendant fended to show that the accused and the decedent had an altercation at a ball-game; that threats were there made against the defendant by the decedent; that subsequently the accused procured a gun and approached a group of men, of which the decedent was a member, and…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The theory of mutual combat was involved in this case. The jury might have found from the evidence that the defendant, when he approached the group of men where the decedent was, was seeking an encounter with the decedent. According to his statement made at the trial and the testimony of one of his witnesses, the intention of the accused was entirely pacific. But the jury might well have believed the contrary. They might also have believed, if they accepted as true the testimony of one of the witnesses introduced by the defendant, that the decedent was…
2Cases cited2 opinions
- Warrick v. StateSupreme Court of Georgia · 1906
- Pryer v. StateSupreme Court of Georgia · 1907
3Cited by23 opinions
- Smith v. StateSupreme Court of Georgia · 1947
- Surles v. StateSupreme Court of Georgia · 1918
- Brown v. StateSupreme Court of Georgia · 1943
- White v. StateSupreme Court of Georgia · 1917
- McKibben v. StateCourt of Appeals of Georgia · 1953
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