Herrington v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Holden. Burke superior court. March 31, 1906. According to the testimony, the accused with his young son drove his wagon to the front of a storehouse in a village, and there stopped.
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Indictment for murder. Before Judge Holden. Burke superior court. March 31, 1906. According to the testimony, the accused with his young son drove his wagon to the front of a storehouse in a village, and there stopped. He was approached by T. J. Smith, who began a conversation in which Herrington, the accused, “got to talking pretty loud,” and J. B. Smith, a brother of T. J. Smith, came from another storehouse and stood on the other side of the road, opposite the other two men. Herrington said, “You boj^s just come here this morning for a row.” T. J. Smith said, “I didn’t come here for no…
1Opinion of the CourtCobb, P. J.
1. The evidence for the State demanded a verdict for murder. The accused introduced no evidence, but his statement, if credible, authorized an acquittal. There was no view of the evidence or the statement of the accused, under which a verdict for voluntary manslaughter could be legally rendered, and it was error to give in charge the law relating to this grade of homicide. The accused having been convicted of voluntary manslaughter, a new trial must be granted. *746Dyal v. State, 97 Ga. 428; Morgan v. State, 108 Ga. 748; James v. State, 123 Ga. 548; Robinson v. State, 109 Ga. 506.
Argued May 23,…
2Cases cited4 opinions
- Robinson v. StateSupreme Court of Georgia · 1900
- James v. StateSupreme Court of Georgia · 1905
- Dyal v. StateSupreme Court of Georgia · 1895
- Morgan v. StateSupreme Court of Georgia · 1899
3Cited by4 opinions
- Griggs v. StateCourt of Appeals of Georgia · 1915
- McDowell v. StateCourt of Appeals of Georgia · 1949
- Lanier v. StateCourt of Appeals of Georgia · 1940
- McDowell v. StateCourt of Appeals of Georgia · 1949