Brantley v. State

• Decision Date: 27 January 1909
• Docket Number: 1,515.
• Citation: 63 S.E. 519,5 Ga.App. 458
• Parties: BRANTLEY v. STATE.
• Court: Georgia Court of Appeals

63 S.E. 519

5 Ga.App. 458

BRANTLEY v. STATE.

No. 1,515.

Court of Appeals of Georgia

January 27, 1909

Syllabus by the Court.

The defendant, if not justifiable on the theory that he killed under the reasonable fear that a felony was about to be committed on him, was guilty of murder. No phase of the testimony indicates voluntary manslaughter; hence the verdict convicting the defendant of that offense is unauthorized.

[Ed. Note.-For other cases, see Homicide, Cent. Dig. §§ 515, 516; Dec. Dig. § 250. ^[*]]

While words, threats, menaces, and contemptuous gestures on the part of the deceased may create such an apparent danger as to justify a homicide, they are not, unless they amount to an assault, effectual to mitigate it from a murder into a manslaughter. Holland v. State, 3 Ga.App. 466, 60 S.E. 205; Cumming v. State, 99 Ga. 662, 27 S.E. 177; Johnson v. State, 105 Ga. 665, 31 S.E. 399; Clay v. State, 124 Ga. 795, 53 S.E. 179.

[Ed. Note.-For other cases, see Homicide, Cent. Dig. § 69; Dec. Dig. § 45. ^[*] ]

Error from Superior Court, Washington County; B. T. Rawlings, Judge.

Solomon Brantley was convicted of voluntary manslaughter, and he brings error. Reversed.

John R. Cooper, for plaintiff in error.

Alfred Herrington, Sol. Gen., and Hines & Jordan, for the State.

POWELL, J. Judgment reversed.

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Notes:

^[*] For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes

^[*] For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes

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