James v. State
| Decision Date | 01 August 1905 |
| Citation | 51 S.E. 577,123 Ga. 548 |
| Court | Georgia Supreme Court |
| Parties | JAMES. v. STATE. |
The evidence for the state, if credible, warranted a verdict for murder. The evidence for the accused, and his statement, if believed, showed complete justification. There was nothing in the evidence or the statement of the accused, considered separately or together, tending to show, or from which the jury could legitimately infer, that the homicide was voluntary manslaughter. It was therefore error to give in charge the law relating to voluntary manslaughter, and a verdict finding the accused guilty of that offense was without evidence to support it. McBeth v. State, 50 S. E. 931, 122 Ga. 737.
Neither was there anything in the evidence or the statement of the accused to support the theory of mutual combat. Accordingly it was error to give in charge section 73 of the Penal Code of 1895. See Jordan v. State, 43 S. E. 747, 117 Ga. 405, and cit.
The court did not err in admitting or excluding evidence.
(Syllabus by the Court.)
Error from Superior Court, Dougherty County; W. N. Spence, Judge.
One James was convicted of voluntary manslaughter, and brings error. Reversed.
J. W. Walters and I. J. Hopmayer, for plaintiff in error.
W. E. Wooten, Sol. Gen., by Arnold & Arnold, for the State.
FISH, P. J. Judgment reversed. All the Justices concurring, except SIMMONS, C. J., absent.
To continue reading
Request your trial
-
Johnson v. State, 8450.
...voluntary manslaughter, either generally or as applicable to mutual combat. Jordan v. State, 117 Ga. 405, 43 S. E. 747; James v. State, 123 Ga. 548 (5), 51 S. E. 577; Crawford v. State, 149 Ga. 485, 100 S. E. 633; Brown v. State, 151 Ga. 497, 501, 107 S. E. 536; Campbell v. State, 157 Ga. 2......
-
Johnson v. State
... ... justifiable homicide, the evidence does not authorize and ... require the court to charge the law upon the subject of ... mutual combat and of voluntary manslaughter, either generally ... or as applicable to mutual combat. Jordan v. State, ... 117 Ga. 405, 43 S.E. 747; James v. State, 123 Ga ... 548 (5), 51 S.E. 577; Crawford v. State, 149 Ga ... 485, 100 S.E. 633; Brown v. State, 151 Ga. 497, 501, ... 107 S.E. 536; Campbell v. State, 157 Ga. 233, 121 ... S.E. 306 ... We have ... set out in the statement of facts the evidence of the ... ...
-
Brown v. State
... ... erred in failing to give in charge to the jury the provisions ... of Penal Code 1910, § 73. This court has held in a number of ... instances that the provisions of this section apply only to ... cases of mutual combat. Jordan v. State, 117 Ga ... 405, 43 S.E. 747, and cases cited; James v. State, ... 123 Ga. 548, 51 S.E. 577. A critical examination of the ... evidence in the record fails to show anything tending to make ... a case ... ...
-
Hegwood v. State
...trial must be granted. Among many, decisions thus holding, we cite the following: Hicks v. State, 126 Ga. 80, 54 S. E. 807; James v. State, 123 Ga. 548, 51 S. E. 577; McBeth v. State, 122 Ga. 737, 50 S. E. 931; Berry v. State, 122 Ga. 429, 50 S. E. 345; Tolbirt v. State, 119 Ga. 970, 47 S. ......