Jackson v. State
Supreme Court of Georgia
Criminal Law. Before Judge Strozier. Dougherty Superior Court. December Term, 1871. Jackson and Horne had a quarrel in the field. When they were quarrelling, Horne advanced upon him with a pistol and threatened to kill him. When Jackson got to the end of his row, he went to the house and got Ms pistol and returned in about twenty minutes. He notified Horne that if he intended whipping him he was ready.
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Criminal Law. Before Judge Strozier. Dougherty Superior Court. December Term, 1871. Jackson and Horne had a quarrel in the field. When they were quarrelling, Horne advanced upon him with a pistol and threatened to kill him. When Jackson got to the end of his row, he went to the house and got Ms pistol and returned in about twenty minutes. He notified Horne that if he intended whipping him he was ready. Horne again threatened to kill him, and advanced upon him, pistol in hand, and Jackson fired and killed him instantly. The Court charged the jury that no threats by Horne against Jackson “would…
1Opinion of the Court
Montgomery, Judge.
1. The facts of this case show a deliberate intention on the part of the prisoner to fight the deceased on account of a previous threat, made some twenty minutes before by the deceased against the life of the prisoner. His remark that if *200deceased was going to whip him he was ready for him now, coupled with the firing of the fatal shot immediately after-wards, on the prompt acceptance by deceased of the challenge thus thrown out, fully justified the jury in their finding, and the prisoner is fortunate in having escaped the severer penalty prescribed by the Revised Code,…
2Cited by7 opinions
- Deal v. StateSupreme Court of Georgia · 1916
- Summers v. United StatesCourt of Appeals for the Fourth Circuit · 1926
- Pippin v. StateSupreme Court of Georgia · 1931
- Russell v. StateSupreme Court of Georgia · 1882
- McGahee v. SamuelsCourt of Appeals of Georgia · 1940
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