Palmour v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Estes. Habersham superior court. May 9, 1902. Wilbanks was shot and killed by Palmour at night, at Palmour’shouse. The testimony in the record tends to support the theory of murder.
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Indictment for murder. Before Judge Estes. Habersham superior court. May 9, 1902. Wilbanks was shot and killed by Palmour at night, at Palmour’shouse. The testimony in the record tends to support the theory of murder. The accused introduced no evidence, and made th& following statement: “ Mr. Wilbanks came to my house late in the evening before that took place, and stayed around there with. me and ate supper J and after supper he said he was going home, and went off; and after dark awhile me and my wife went to bed and went to sleep; and in the night, about eleven o’clock I suppose, we were…
1Opinion of the CourtCobb, J.
Palmour was convicted of murder, and complains that the judge erred in refusing to grant him a new trial. The judge charged the jury as follows: “ If you shall believe from the evidence that the killing was to prevent an injury to himself, his family, or-property, or he had reasonable cause to apprehend trouble of that sort, what was the pressing necessity? You see it must appear that such killing was absolutely necessary to prevent such attack or invasion and that serious injury might occur to the family or property of the person killing.” The error assigned upon this charge is that it…
2Cases cited1 opinion
- Pound v. StateSupreme Court of Georgia · 1871
3Cited by11 opinions
- Mullis v. StateSupreme Court of Georgia · 1943
- Freeney v. StateSupreme Court of Georgia · 1907
- Huff v. StateCourt of Appeals of Georgia · 1966
- Weldon v. StateCourt of Appeals of Georgia · 1951
- Pyle v. StateSupreme Court of Georgia · 1938
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