Haygood v. State
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court the following question: “In a prosecution for assault and battery, can the accused give in evidence, as a justification of the alleged assault and battery, opprobrious or abusive language written and published of him by the person upon whom he made the alleged assault and battery? In this connection counsel for the plaintiff in error requests the Court of Appeads to call the attention of the Supreme Court to the cases of…
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The Court of Appeals certified to the Supreme Court the following question: “In a prosecution for assault and battery, can the accused give in evidence, as a justification of the alleged assault and battery, opprobrious or abusive language written and published of him by the person upon whom he made the alleged assault and battery? In this connection counsel for the plaintiff in error requests the Court of Appeads to call the attention of the Supreme Court to the cases of Mitchell v. State, 41 Ga. 527, and Berry v. State, 105 Ga. 683, for the purpose of having the decisions in these cases…
1Opinion of the CourtLumpkin, J.
The question propounded by the Court of Appeals is concluded by the decisions in Mitchell v. State, 41 Ga. 527 and Berry v. State, 105 Ga. 683 (31 S. E. 592). In the latter case the ruling made in the former was reviewed, but the members of the court were equally divided in opinion as to whether it should be overruled; and so it remained of force, as, under the statute, the concurrence of five Justices was required to overrule a decision made by three Judges prior to the increase in the number of Justices upon the Supreme bench. The request is again made to review and overrule those…
2Cases cited2 opinions
- Berry v. StateSupreme Court of Georgia · 1898
- Mitchell v. StateSupreme Court of Georgia · 1871
3Cited by5 opinions
- Ailstock v. StateCourt of Appeals of Georgia · 1981
- Robinson v. DeVaughnCourt of Appeals of Georgia · 1938
- Cawley v. StateCourt of Appeals of Georgia · 1946
- Haygood v. StateCourt of Appeals of Georgia · 1912
- Fried v. United States Fidelity and Guaranty Co.Supreme Court of Georgia · 1941