Brooks v. State
| Decision Date | 15 December 1920 |
| Docket Number | (No. 2197.) |
| Citation | 150 Ga. 732,105 S.E. 362 |
| Parties | BROOKS. v. STATE. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Error from Superior Court, Bibb County; H. A. Mathews, Judge.
Emanuel Brooks was convicted of homicide, and he brings error. Affirmed.
Evidence for the state showed that defendant and the deceased, his wife, had been separated for some weeks; that she was living temporarily at the home of one Burnett; that on the night of the shooting the defendant went to the home of Burnett and asked to see his wife; that she refused to see him. stating that he had come there for "devilment, " whereupon the defendant stated that she was afraid of him, and surrendered to Burnett a pistol, and requested that he be searched, in order that she might be satisfied that he did not have another; that Burnett made a casual examination, and reassured the deceased that the defendant did not have even a knife; that she still declined to see the defendant, and he turned to go away, but stopped and shot her with another pistol, and then ran away; that Burnett, fearing that the defendant would return, procured his shotgun and fired two shots in order to frighten him. The defendant offered no evidence, but claimed that he went to Burnett's home and asked to see his wife, but was told by Burnett that she would not see him; that Burnett and the deceased were at the time occupying the same bed; that he requested Burnett to open the door, and Burnett rushed to the door with his pistoland began shooting; that he shot at Burnett and struck the deceased. Burnett and his 15 year old daughter testified that he and the deceased were occupying separate rooms, and that the daughter was occupying the bed with deceased.
John R. Cooper and W. O. Cooper, Jr., both of Macon, for plaintiff in error.
Chas. H. Garrett, Sol. Gen., of Macon, and R. A. Denny, Atty. Gen., and Graham Wright, Asst. Atty. Gen., for the State.
GILBERT, J. Judgment affirmed. All the Justices concur.
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...65 (5), 70 S. E. 868; Crawley v. State, 137 Ga. 777 (2), 779, 74 S. E. 537; Medlin v. State, 149 Ga. 23, 98 S. E. 551." Brooks v. State, 150 Ga. 732, 105 S. E. 362. While a part of the defendant's statement shows that the decedent was the aggressor, this is not sufficient to authorize the i......
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Jackson v. State
...indicted shall, upon the trial, be fully acquitted and discharged." See Worley v. State, 136 Ga. 231 (4), 71 S.E. 153; Brooks v. State, 150 Ga. 732 (2), 105 S.E. 362. (headnote 7). The eleventh ground of the motion is as follows: 'At the beginning of the trial, defendant objected to R. Lee ......
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...indicted shall, upon the trial, be fully acquitted and discharged." See Worley v. State, 136 Ga. 231 (4), 71 S. E. 153; Brooks v. State, 150 Ga. 732 (2), 105 S. E. 362. 3 (headnote 7). The eleventh ground of the motion is as follows: 'At the beginning of the trial, defendant objected to R. ......