Mcbeth v. State
| Decision Date | 10 May 1905 |
| Citation | 122 Ga. 737,50 S.E. 931 |
| Parties | McBETH. v. STATE. |
| Court | Georgia Supreme Court |
MURDER—VOLUNTARY MANSLAUGHTER—INSTRUCTIONS—-REASONABLE DOUBT.
1. In a case where the evidence relied on by the state for a conviction tends to show that the accused committed murder, whereas the statement of the accused and the evidence introduced in his behalf sustain his defense of justifiable homicide, it is error for the court to give in charge to the jury the law relating to voluntary manslaughter, and a verdict finding the accused guilty of that offense cannot be upheld.
2. There is no merit in the complaint that the charge on the subject of reasonable doubt was not sufficiently comprehensive.
(Syllabus by the Court.)
Error from Superior Court, Haralson County; A. L. Bartlett, Judge.
Adolphus McBeth was convicted of voluntary manslaughter, and brings error. Reversed.
Adolphus McBeth was tried for the murder of Henry Vaughn. The homicide occurred on Christmas night, near the house of Jim Cammond. There was a "frolic" at the house that night. The deceased accompanied one Lula Washington, a married woman, and arrived at the party in advance of the defendant. The deceased carried a Winchester rifle with him, and the defendant carried a double-barrel breech-loading shotgun. From the witnesses who testified in behalf of the state (most of whom were near relatives) it appeared that the deceased and the defendant were apparently on friendly terms, neither seemed to be mad, and nothing was said by either to indicate bad feeling or to presage a deadly encounter. The defendant left the house between 10 and 11 o'clock, and just before leaving invited the deceased to come out. Soon afterwards the deceased went out. The two men carried their guns with them.
Within two to five minutes after the deceased left the house the witnesses heard two reports from a gun. They seemed to be the reports of a shotgun, and not a rifle. When the witnesses reached the deceased, he was wounded, and he remarked to one of the witnesses that the defendant had shot him for nothing. The wound was inflicted by the shooting of a gun, and caused his death. Immediately after the shooting the defendant ran away, and was arrested at Plant City, Fla. The defendant offered evidence that three shots were fired, and that the report of the first gun indicated it was a rifle. A rifle cartridge shell was picked up the night of the homicide at the place where the deceased fell. The shell had blood on it. Several witnesses testified as to his good character. In his statement the accused said that the deceased, in the manner detailed by him, attempted, while in the house, to involve him in a difficulty, but that he refused to take notice or resent the remarks of the deceased because he appeared to be intoxicated. To prevent trouble, he started home, and when he reached the door the sister of the deceased took hold of the deceased, who said to her, "Turn me loose, God damn it; I know my business." Defendant closed the door after him as he left the house, and started home. The deceased immediately came out of...
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Lightsy v. State
...a verdict for voluntary manslaughter can be legally predicated, and such verdict should be set aside as contrary to law. Mc-Beth v. State, 122 Ga. 737, 50 S. E. 931; Berry v. State, 122 Ga. 429, 50 S. E. 345; Tol-birt v. State, 119 Ga. 970, 47 S. E. 544. Judgment ...
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Claybourn v. State
... ... portions of the charge will instruct them on the question of ... carrying the burden. The criticisms of this charge are wholly ... without merit. It is a correct statement of the law, and is ... not erroneous for any reason assigned. McBeth v ... State, 122 Ga. 737(2), 50 S.E. 931; Paramore v ... State, 161 Ga. 166(6), 129 S.E. 772 ... 3 ... Ground 16 complains because the judge charged on the law of ... justifiable homicide, the grounds of complaint being that ... although the principles of law given ... ...
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Lightsy v. State
... ... any offense, but his defense of justifiable homicide was ... fully sustained. There is no fact or circumstance in the ... record upon which a verdict for voluntary manslaughter can be ... legally predicated, and such verdict should be set aside as ... contrary to law. McBeth v. State, 122 Ga ... ...
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Hegwood v. State
...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. E. 544. This court has in repeated decisions ......