Dyal v. State

CourtSupreme Court of Georgia
Writing for the CourtLUMPKIN
Citation97 Ga. 428,25 S.E. 319
Decision Date21 October 1895
PartiesDYAL. v. STATE.

97 Ga. 428
25 S.E. 319

DYAL.
v.
STATE.

Supreme Court of Georgia.

Oct. 21, 1895.


Voluntary Manslaughter—What Constitutes —Instructions.

1. Where K. D. and W. M., upon an agreement to fight "a fair fight" without weapons, were preparing to engage in such a fight, and A. M., a brother of W. M., came up to them with a gun, which K. D. seized, and, while K. D. and A. M. were struggling over the gun, J. D., a brother of K, D., with another gun, shot and killed W. M., K. D. was criminally responsible for J. D.'s act if it was the result of a previous conspiracy between these two to kill W. M.; but if there was no such conspiracy, and K. D. did not participate in the design to kill, he was not legally responsible for the homicide. In any event, K. D., under such circumstances, was guilty of murder, or nothing.

2. There being no view of the evidence under which a verdict for voluntary manslaughter could be legally rendered against the accused on trial, it was error to give in charge to the jury the law relating to this grade of homicide.

(Syllabus by the Court.)

Error from superior court, Appling county; J. L. Sweat, Judge.

Kossuth Dyal was convicted of voluntary manslaughter, and brings error. Reversed.

G. J. Holton & Son and T. A. Parker, for plaintiff in error.

W. G. Brantley, Sol. Gen., for the State.

LUMPKIN, J. An indictment was returned against John Dyal and Kossuth Dyal, who were brothers, for the murder of William McEachin. Kossuth Dyal was tried, and found guilty of voluntary manslaughter. Andrew McEachin, a brother of the deceased, was present, and to some extent participated in the difficulty which resulted in the homicide. For the sake of brevity, these parties will hereinafter be designated, respectively, as "John, " "Kossuth, " "William, " and "Andrew." It appears from the evidence that Kossuth and William had made an agreement to fight "a fair fight" without weapons. While they were preparing to engage In a fight of this kind, Andrew came up to them with a gun, which Kossuth immediately seized, and a struggle then ensued between these two for the possession of the gun. While this struggle was In progress, John, with another gun, shot and killed...

To continue reading

Request your trial
19 practice notes
  • State v. Alcorn
    • United States
    • United States State Supreme Court of Idaho
    • April 29, 1901
    ...murder. Such instruction is reversible error. (State v. Punshon, 124 Mo. 448, 27 S.W. 1111; Virgil v. State, 63 Miss. 317; Dyal v. State, 97 Ga. 428, 25 S.E. 319; 4 Sharswood's Blackstone, 201, note.) The rule requiring the jury to be satisfied of the defendant's guilt beyond a reasonable d......
  • NeeSmith v. State, No. 35830
    • United States
    • United States Court of Appeals (Georgia)
    • September 28, 1955
    ...the contention, as follows: Branch v. State, 5 Ga.App. 651(1), 63 S.E. 714; Rivers v. State, 24 Ga.App. 365, 100 S.E. 796; Dyal v. State, 97 Ga. 428, 25 S.E. 319; McBeth v. State, 122 Ga. 737, 50 S.E. 931, and James v. State, 123 Ga. 548(1), 51 S.E. 577. This principle of law is correct, as......
  • Graham v. State, (No. 16733.)
    • United States
    • United States Court of Appeals (Georgia)
    • November 11, 1925
    ...on voluntary manslaughter. See James v. State, 123 Ga. 548, 51 S. E. 577; Worley v. State, 138 Ga. 336, 339, 75 S. E. 240; Dyal v. State, 97 Ga. 428, 25 S. E. 319; Hudson v. State, 24 Ga. App. 310, 100 S. E....
  • Joiner v. State
    • United States
    • Supreme Court of Georgia
    • October 13, 1898
    ...end of the case. If he had been convicted of voluntary manslaughter, the question for decision would be altogether different Dyal v. State, 97 Ga. 428, 25 S. E. 319. Inasmuch, however, as the jury found him guilty of murder, and did so upon very strong and convincing evidence of his guilt, ......
  • Request a trial to view additional results
11 cases
  • State v. Alcorn
    • United States
    • United States State Supreme Court of Idaho
    • April 29, 1901
    ...murder. Such instruction is reversible error. (State v. Punshon, 124 Mo. 448, 27 S.W. 1111; Virgil v. State, 63 Miss. 317; Dyal v. State, 97 Ga. 428, 25 S.E. 319; 4 Sharswood's Blackstone, 201, note.) The rule requiring the jury to be satisfied of the defendant's guilt beyond a reasonable d......
  • NeeSmith v. State, No. 35830
    • United States
    • United States Court of Appeals (Georgia)
    • September 28, 1955
    ...the contention, as follows: Branch v. State, 5 Ga.App. 651(1), 63 S.E. 714; Rivers v. State, 24 Ga.App. 365, 100 S.E. 796; Dyal v. State, 97 Ga. 428, 25 S.E. 319; McBeth v. State, 122 Ga. 737, 50 S.E. 931, and James v. State, 123 Ga. 548(1), 51 S.E. 577. This principle of law is correct, as......
  • Graham v. State, (No. 16733.)
    • United States
    • United States Court of Appeals (Georgia)
    • November 11, 1925
    ...on voluntary manslaughter. See James v. State, 123 Ga. 548, 51 S. E. 577; Worley v. State, 138 Ga. 336, 339, 75 S. E. 240; Dyal v. State, 97 Ga. 428, 25 S. E. 319; Hudson v. State, 24 Ga. App. 310, 100 S. E....
  • Joiner v. State
    • United States
    • Supreme Court of Georgia
    • October 13, 1898
    ...end of the case. If he had been convicted of voluntary manslaughter, the question for decision would be altogether different Dyal v. State, 97 Ga. 428, 25 S. E. 319. Inasmuch, however, as the jury found him guilty of murder, and did so upon very strong and convincing evidence of his guilt, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT