Wager v. State
| Decision Date | 30 January 1947 |
| Docket Number | 31423. |
| Citation | 41 S.E.2d 342,74 Ga.App. 729 |
| Parties | WAGER v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
'Where there is evidence sufficient to raise a doubt, however slight, upon the question whether the homicide was murder or manslaughter, voluntary or involuntary, it is the duty of the court to charge on all these grades of homicide.'
John H. Hudson and J. Walter LeCraw, both of Atlanta, for plaintiff in error.
E E. Andrews, Sol. Gen., Durwood T. Pye and James W. Dorsey all of Atlanta, for defendant in error.
The defendant was tried on an indictment which charged that he murdered Paul J. Dobbs by unlawfully and maliciously 'stomping, beating and kicking the said Dobbs with his feet.'
He was convicted of voluntary manslaughter; his motion for a new trial was denied, and to that judgment he excepted. The evidence disclosed that defendant and Dobbs worked at the same 'used-car' lot, and resided together in a house owned by Dobbs; that both of them frequently drank whisky and became intoxicated; and, that, when drunk, they often quarreled and fought one another; that on the day of the homicide they had five visitors at their house, and both Dobbs and defendant were drinking whisky; after their stock of liquor was exhausted, Dobbs asked defendant to get some more whisky and defendant said he didn't want to get any more, and soon afterwards Dobbs and the defendant began quarreling and cursing each other, and scuffling and fighting, and the defendant got Dobbs down on the floor and was kicking him in his 'sides' until somebody pulled him away, and Dobbs died about 30 minutes later.
In his statement to the jury, the defendant said that Dobbs assaulted him first, that they clinched and fell on the floor and that Dobbs kicked him in his groin, that he did not kick Dobbs but hit him with his fist in his stomach and on his jaw; that he and Dobbs were good friends and he had no intention to kill or injure Dobbs; that during the fight he was wearing his house slippers, and not his shoes. There was evidence tending to support his statement about his slippers and there was no direct evidence showing that he had on his shoes when he kicked Dobbs, altho there was some circumstantial evidence tending to show that he had on his shoes; and the jury were authorized to find that defendant had his shoes on when he kicked Dobbs, and that the kicking was unlawful and caused the death of Dobbs. There was also evidence tending to show that the defendant, in a sudden heat of passion, had intentionally, but without malice, killed Dobbs. Therefore, the overruling of the general grounds of the ...
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Stuart v. State, 45833
...and manslaughter. Anderson v. State, 14 Ga.App. 607, 81 S.E. 802; North v. State, 69 Ga.App. 836(1), 26 S.E.2d 892; Wager v. State, 74 Ga.App. 729, 41 S.E.2d 342; McKinney v. State, 121 Ga.App. 815(6), 175 S.E.2d 893, and cases 4. The evidence here was sufficient to authorize a charge on th......
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Dollar v. State, 66473
...while on the ground he was kicked two or three times with a shod foot ..." Id. 81 Ga.App. p. 738, 60 S.E.2d 249. See also Wager v. State, 74 Ga.App. 729, 41 S.E.2d 342. "It must be kept in mind that the evidence does not reveal that the weapon used was a weapon deadly per se, in the manner ......
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James v. State, 33516
...show that the offense of involuntary manslaughter was committed, it is the duty of the court to charge on this subject. Wager v. State, 74 Ga.App. 729, 41 S.E.2d 342; Ridley v. State, 81 Ga.App. 737(4), 60 S.E.2d 249; Greenway v. State, 59 Ga.App. 461, 1 S.E.2d 217; Bell v. State, 71 Ga.App......
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Davidson v. State, 51066
...of the court to instruct the jury fully on the law of manslaughter.' Griffin v. State, 18 Ga.App. 462, 89 S.E. 537. In Wager v. State, 74 Ga.App. 729, 41 S.E.2d 342, it was held reversible error not to charge the law of involuntary manslaughter even without a request to do so where there is......