Legal Opinion · Dissent

Graham v. State

Court of Appeals of Georgia

Decided November 11, 1925No. 16733Published

1DissentLuke, J.

I can not agree to the second division of the decision. In my opinion, the evidence of the State was in substance that the deceased was coming towards the accused without any attempt or threat to commit a serious personal injury upon him. The statement of the defendant and the evidence introduced by him was in substance that the deceased had threatened to kill him, that the threat had been communicated to him, and that at the time of the homicide the deceased was advancing upon him with a knife. The evidence of the State made a case of murder, while that of the defendant made a case of…

2Cases cited4 opinions

  1. James v. StateSupreme Court of Georgia · 1905
  2. Dyal v. StateSupreme Court of Georgia · 1895
  3. Worley v. StateSupreme Court of Georgia · 1912
  4. Hudson v. StateCourt of Appeals of Georgia · 1919

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