Clay v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Littlejohn. Schley superior court. December 5, 1905. The accused was convicted of assault with intent to murder. The prosecutor testified, that he was deliberately shot by'the accused without provocation, that he had made no assault upon the accused, and that he did not have a pistol or any other weapon at the time of the difficulty.
Read the full summary
Indictment for assault with intent to murder. Before Judge Littlejohn. Schley superior court. December 5, 1905. The accused was convicted of assault with intent to murder. The prosecutor testified, that he was deliberately shot by'the accused without provocation, that he had made no assault upon the accused, and that he did not have a pistol or any other weapon at the time of the difficulty. There were other witnesses whose testimony supported the contentions of the prosecutor. On the other' hand, there were witnesses who testified that the prosecutor drew a pistol from his pocket while…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.) 1. From the statement of facts just given, it will be seen that the defense Tested solely on the theory that the shot was fired because of a reasonable fear that an injury amounting to a felony was about to be inflicted upon the person of the accused. That was a meritorious defense, if supported by the testimony of witnesses or the statement of the accused. It being purely a question of fact as to whether the attendant circumstances justified a reasonable fear upon the part of the accused that such injury was about to be inflicted upon his person, that…
2Cases cited6 opinions
- Monroe v. StateSupreme Court of Georgia · 1848
- Cumming v. StateSupreme Court of Georgia · 1896
- Daniel v. StateSupreme Court of Georgia · 1897
- Johnson v. StateSupreme Court of Georgia · 1898
- Braswell v. StateSupreme Court of Georgia · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fallon v. StateCourt of Appeals of Georgia · 1909
- Morton v. StateSupreme Court of Georgia · 1940
- State v. HarkinsMontana Supreme Court · 1929
- Rouse v. StateSupreme Court of Georgia · 1911
- Holland v. StateCourt of Appeals of Georgia · 1908
10 more not listed; retrieve them via the Exa API.