Whitfield v. State

Hawkins, Justice.

Rufus Whitfield was indicted for murder, at the November term, 1950, and was tried and convicted, with a recommendation of mercy, at the November term, 1952, of Burke Superior Court. To the judgment overruling his motion for a new trial he excepts. Held:

1. While, under the evidence and the statement of the defendant to the effect that the person killed threatened “to blow you over that dam store,” and “twisted around like he was going to get something out of his pocket,” the jury might have found that the defendant killed the deceased while acting under the fears of a…