York v. State, 25707
| Citation | 226 Ga. 281,174 S.E.2d 418 |
| Decision Date | 09 April 1970 |
| Docket Number | No. 25707,25707 |
| Parties | Willard YORK v. The STATE. |
| Court | Supreme Court of Georgia |
Robert B. Thompson, Gainesville, for appellant.
Jeff C. Wayne, Dist. Atty., Gainesville, Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
The present appeal was filed after Willard York was convicted of the murder of Harold Edwin Trotter and his motion for new trial, based on the usual general grounds only, overruled. The sole enumeration of error complains of the judgment overruling the motion for new trial.
There was evidence of two eyewitnesses that the defendant fired the fatal shot, that at the time the shot was fired the victim was sitting in the passenger's seat of a pick-up truck and the defendant standing outside the door of the truck, that some words had passed previously between the defendant and the victim but that the victim and one of the witnesses were leaving (the witness being in the process of starting the engine of the truck) when the defendant raised the pistol and threatened the victim, lowered the pistol and then raised it again and fired, the bullet striking the victim in the forehead.
While the defendant in his unsworn statement told of the victim and one of the witnesses physically striking and kicking him just prior to the shooting as well as of threats made by the victim, the State presented evidence that no one struck, kicked or otherwise touched the defendant in any manner. ...
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...Warrick v. State, 125 Ga. 133, 138, 53 S.E. 1027 (1906); Jarrard v. State, 206 Ga. 112, 114, 55 S.E.2d 706 (1949); York v. State, 226 Ga. 281, 174 S.E.2d 418 (1970). The reason for the rule favoring admissibility of such evidence where the reasonable belief of the accused that he is being a......
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...not the court's, to determine if, considering all of the circumstances, a reasonable fear was justified, as claimed. York v. State, 226 Ga. 281, 174 S.E.2d 418 (1970). See also the clear and well-stated instruction of the Supreme Court in this regard in Milton v. State, 245 Ga. 20, 25, 262 ......
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...defense or manslaughter. Under the evidence in the case it was for the jury to determine whether the homicide was murder. York v. State, 226 Ga. 281, 174 S.E.2d 418. It was not error to charge on murder or to fail to direct a verdict of acquittal. 9. Enumerated error 12 contends that it was......
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