Peterson v. State

• Decision Date: 18 October 1916
• Citation: 90 S.E. 282,146 Ga. 6
• Parties: PETERSON. v. STATE.
• Court: Georgia Supreme Court

(146 Ga. 6)

90 S.E. 282

PETERSON.

v.STATE.

Supreme Court of Georgia.

Oct. 18, 1916.

(Syllabus by the Court.)

Fish, C. J., and Atkinson, J., dissenting.

Error from Superior Court, Calhoun County; E. E. Cox, Judge.

Robert Peterson was convicted of murder, and brings error. Reversed.

Smith & Miller, of Edison, for plaintiff in error.

R. C. Bell, Sol. Gen., of Cairo, Clifford Walker, Atty. Gen., and F. A. Hooper and Mark Bolding, both of Atlanta, for the State.

GILBERT, J. According to the evidence introduced by the accused, the law of voluntary manslaughter should have been included by the court in the instructions to the jury. It was within the province of the jury to accept or reject this theory of the case, but in either event it was a substantial legal right of the accused to have the issue submitted. It was in evidence that the deceased, Bill Black, had threatened the life of the defendant, Bob Peterson; indeed, Mr. Sealy, sworn for the defendant, testified that Black said that day, referring to Peterson: "I'm going to get him; I don't let any nigger call me a damn liar;" and "I'll get him; I ain't going to take that from anybody." Charlie Stone, sworn for the defendant, testified that "Bill Black spoke and cursed him [Peterson], and said he was a damn liar, * * * and then he made at him [Peterson], and his wife grabbed him;" that Black was standing 10 or 12 feet from Peterson; "that his wife caught him; he got loose from his wife and broke to the house, and Bob Peterson asked him three times while Black was going to the house, hollered and asked him three times was he going after his gun for him, and after the third time he replied back, and says, 'No, I ain't going after it for you, you durned black son of a bitch, I'm going for it to kill you.' Bob says, 'You can't get to it.' That is when he shot him. He shot twice." According to this witness Black lived about 61 or 81 steps from the scene of the rencounter. Will Berry and John Peterson, sworn for the defendant, testified substantially to the same facts as the witness Stone. West William, Tobe Grimes, Sam Cannon, Gene Randall, and Friendly Hawk testified to threats made by Black against the life of Peterson; and it is in evidence that some of these threats were communicated to the defendant.

The evidence introduced by the state made a strong case of murder, and the verdict of the jury was entirely authorized, provided they believed the evidence for the state, and rejected the evidence for the...