Legal Opinion

Dunn v. State

Court of Appeals of Georgia

Decided February 18, 1915No. 5504PublishedCited by 7 opinions

Indictment for murder — conviction of manslaughter; from Fannin superior court — Judge Patterson. January 17, 1915.

1Opinion of the CourtEussell, C. J.

1. Where a homicide is admitted and the accused seeks to justify it upon the ground that he was actuated by the fears of a reasonable man, the conduct and condition of the deceased in his presence shortly before the fatal encounter, and the influence of this conduct or condition upon the mind of the accused, are relevant as being illustrative not only of the reasonableness of his fears, but also as indicating the quo animo of the deceased, although the previous difficulty may have been between the deceased and a third person. Such evidence, if properly considered by the jury as a part of the…

2Cases cited3 opinions

  1. O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
  2. Dunn v. StateCourt of Appeals of Georgia · 1913
  3. Manson v. StateCourt of Appeals of Georgia · 1914

3Cited by7 opinions

  1. McKibben v. StateCourt of Appeals of Georgia · 1953
  2. Hess v. StateCourt of Appeals of Georgia · 1974
  3. Watkins v. StateCourt of Appeals of Georgia · 1916
  4. Wayne v. StateCourt of Appeals of Georgia · 1966
  5. Ellis v. StateCourt of Appeals of Georgia · 1917

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