Young v. State

• Citation: 10 Ga. App. 110,72 S.E. 935
• Decision Date: 20 November 1911
• Docket Number: (No. 3,663.)
• Parties: YOUNG v. STATE.
• Court: United States Court of Appeals (Georgia)

72 S.E. 935

10 Ga. App. 110

YOUNG

v.STATE.

(No. 3, 663.)

Court of Appeals of Georgia.

Nov. 20, 1911.

(Syllabus by the Court.)

Homicide (§ 255^*)—Voluntary Manslaughter—Evidence.

Where a baseball player and an umpire become involved in a quarrel over a point in the game, and while the umpire is advancing toward the player with his hand in his pocket the player pulls his pistol and kills the umpire, a verdict finding the player guilty of voluntary manslaughter is not contrary to law, nor without evidence to support it.

[Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 539-541; Dec. Dig. § 255.*]

Error from Superior Court, Screven County; B. T. Rawlings, Judge.

Son Young was convicted of voluntary manslaughter, and brings error. Affirmed.

E. K. Overstreet, for plaintiff in error.

Alred Herrington, Sol. Gen., and Hines & Jordan, for the State.

RUSSELL, J. The defendant, Son Young, was a member of a baseball team who were playing a game down on Briar creek one Saturday afternoon. The deceased, Son Williams, was umpiring the game, and also doing the tallying. The defendant claimed that the opposing team had made only three runs, whereas the deceased had given them five runs, whereupon an argument began, and then cursing followed. Finally the deceased started toward the defendant with his hand in his pocket, and the defendant pulled his pistol and shot him. He was indicted for murder, convicted of voluntary manslaughter, and sentenced to five years' imprisonment.

The motion for a new trial contains only the general grounds. We are of the opinion that the evidence authorizes the verdict. Spence v. State, 7 Ga. App. 825, 68 S. E. 443; Fallon v. State, 5 Ga. App. 659, 63 S. E. 806; Malone v. State, 49 Ga. 217.

Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes