Caruthers v. State

• Decision Date: 28 January 1895
• Citation: 95 Ga. 343,22 S.E. 837
• Parties: CARUTHERS. v. STATE.
• Court: Georgia Supreme Court

22 S.E. 837

95 Ga. 343

CARUTHERS.

v.STATE.

Supreme Court of Georgia.

Jan. 28, 1895.

Voluntary Manslaughter—Evidence.

The evidence, taken most strongly against the accused, snowing that he and the deceased, upon words of reproach and a sudden quarrel, in which both participated, came to blows, and that a combat with deadly weapons ensued, in which no undue advantage was sought or taken on either side, the killing amounted to no more than voluntary manslaughter, and a verdict for murder was unwarranted. (Syllabus by the Court.)

Error from superior court, Pulaski county: C. C. Smith, Judge.

Frank Caruthers was convicted of murder, and brings error. Reversed.

The following is the official report:

Frank Caruthers was convicted, without recommendation, of the murder of Thomas L. Caruthers by stabbing. His motion for newtrial was overruled, and he excepted. The motion contained the general grounds that the verdict was contrary to law, evidence, etc. Also because, in selecting the jury, after two of the jurymen—-E. C. Smith and R. P. Taylor—had promptly declared, in answer to the usual statutory questions, that they had bias or prejudice resting on their minds for or against the prisoner, and had been pronounced incompetent by the solicitor, the presiding judge further interrogated them in regard to their prejudice, in the hearing of other jurors, who were afterwards examined as to their competency. Said jurors answering the court that they had such prejudice on their minds that it would not readily yield to evidence, they were then excused by the court. Error in refusing to charge the following written requests: "A man may be.justifiable in killing another while the slayer has malice in his heart; and if the deceased was attacking prisoner with a weapon likely to produce death, and the prisoner cut and killed him in self-defense, it would be justifiable homicide, even if defendant had malice against deceased at the time. His malice in such a case would not count against him." "If prisoner did not consider his life or limb in danger, and did not kill in self-defense, but in a passion aroused by the attack made upon him by deceased (if you believe such attack was made as claimed by his counsel), and did not act with malice, then it is voluntary manslaughter, and not murder." "In deciding whether prisoner acted with or without malice, you may consider who commenced the difficulty under the testimony, who struck the first blow, how many blows were given or attempted...