Chapman v. State
| Decision Date | 10 April 1923 |
| Docket Number | (No. 3481.) |
| Citation | 117 S.E. 321,155 Ga. 393 |
| Parties | CHAPMAN v. STATE. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Error from Superior Court, Laurens County; J. L. Kent, Judge.
Fleta Chapman was convicted of murder, and she brings error. Affirmed.
R. I. Stephens, of Macon, and Fred Kea, of Dublin, for plaintiff in error.
E. L. Stephens, Sol. Gen., of Wrightsville, Geo. M. Napier, Atty. Gen., and Seward M. Smith, Asst. Atty. Gen., for the State.
BECK, P. J. Fleta Chapman was tried and convicted under an indictment charging her with the murder of William Chapman. After a verdict of guilty with a recommendation was returned, she made a motion for new trial, which was overruled.
During the progress of the trial counsel for the accused propounded questions to three different witnesses, intended to elicit evidence to the effect that the deceased was a man of bad character, being turbulent and violent in disposition. The court sustained objections made by the solicitor general to these questions, and ruled out the testimony intended to show that the deceased was a man of turbulent and violent character. The ruling of the court excluding this evidence was not error, in the absence of evidence tending to show that at the time the accused shot and killed him he was making any assault upon her or attempting to commit violence upon her, or was in any way the aggressor.
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 introduction of evidence to show that the decedent was a man of violent and turbulent character. It has been held in several other decisions rendered by this court that the statement of the accused cannot lay the foundation for introducing evidence to show the character of the decedent for violence and...
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Robertson v. State
...deceased was the aggressor in making an attack upon the accused cannot come from the defendant's 'statement' alone. See Chapman v. State, 155 Ga. 393, 117 S.E. 321; Smithwick v. State, 199 Ga. 292, 34 S.E.2d 28; Tanner v. State, 213 Ga. 820, 102 S.E.2d 176; Dennis v. State, 216 Ga. 206, 115......
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Luffman v. State, (No. 6296.)
...to that effect, evidence offered by him to prove that the decedent was a man of violent character was properly rejected. Chapman v. State, 155 Ga. 393, 117 S. E. 321; Medlin v. State, 149 Ga. 23, 98 S. E. 551. 5. The evidence authorized the verdict, and the court did not err in refusing a n......
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Maxwell v. State, 36434
...solicitor general do not sustain the contention of the State. Those cases are: Nix v. State, 120 Ga. 162(2), 47 S.E. 516; Chapman v. State, 155 Ga. 393, 117 S.E. 321; Nolan v. State, 14 Ga.App. 824(2), 82 S.E. 377; Theis v. State, 45 Ga.App. 364(1), 164 S.E. 456, and Hart v. State, 88 Ga.Ap......