Marcus v. State
Supreme Court of Georgia
Indictment for murder. ' Before Judge Jones. Stephens superior court. December é, 1918.
1Opinion of the CourtFish, C. J.
1. It was not error in this ease to charge the jury as follows: “The law presumes every killing to be malicious until the contrary appears from circumstances of alleviation, excuse, or justification; and it is incumbent on the prisoner to make out such circumstances to the satisfaction of the jury, unless they arise out of the evidence against him.” Godfrey v. State, 135 Ga. 571 (69 S. E. 1080).
2. Nor did the court err in charging the jury in the language of the Penal Code, § 70, defining “justifiable homicide,” and in: immediate connection therewith giving in charge the language of § 71, as…
2Cases cited9 opinions
- Parker v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
- Knight v. StateSupreme Court of Georgia · 1901
- Gillis v. BowmanSupreme Court of Georgia · 1909
- Williams v. StateSupreme Court of Georgia · 1913
- Bexley v. StateSupreme Court of Georgia · 1913
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3Cited by25 opinions
- Thomas v. StateSupreme Court of Georgia · 1977
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- Hyde v. StateSupreme Court of Georgia · 1943
- Mullis v. StateSupreme Court of Georgia · 1943
- Johnson v. StateSupreme Court of Georgia · 1930
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