Legal Opinion

Goerndt v. State

Court of Appeals of Georgia

Decided October 7, 1977No. 54542PublishedCited by 4 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. The rules of law governing the liability of one who injures another in an attempt to prevent or end a trespass on his property are the same whether the proceedings are civil or criminal in nature. Brown v. Martinez, 361 P2d 152 (3), 100 ALR2d 1012, 1017.

2. "A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other’s unlawful entry into... a habitation.” Code § 26-903. A trailer which is the home of the defendant is a habitation in the…

2Cases cited3 opinions

  1. Entelman v. HagoodSupreme Court of Georgia · 1895
  2. Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
  3. Lorance v. LoranceSupreme Court of Georgia · 1961

3Cited by4 opinions

  1. Blazer v. StateCourt of Appeals of Georgia · 2004
  2. Brown v. AllenCourt of Appeals of Georgia · 1992
  3. Young v. StateCourt of Appeals of Georgia · 2008
  4. Goerndt v. StateCourt of Appeals of Georgia · 1977

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