Blackwell v. State

Supreme Court of Georgia

Blackwell v. State

46 S.E. 432, 119 Ga. 314, 1904 Ga. LEXIS 820

CourtSupreme Court of Georgia

DecidedJanuary 12, 1904

StatusPublished

Cited by1 cases

This text of 46 S.E. 432 (Blackwell v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackwell v. State, 46 S.E. 432, 119 Ga. 314, 1904 Ga. LEXIS 820 (Ga. 1904).

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Opinion

Candler, ,T.

1. The' use of profane and violent language by two persons, each to the other, although in a public place, is not sufficient, without more, to constitute an affray under the laws of this State ; but the offense is made out by proof of the conduct, indicated, under the circumstances mentioned, indulged' in by both parties and accompanied by such acts as drawing a razor, making a threatening gesture with a plank, and taking hold of each other, by which conduct citizens are terrorized and disturbed; it not appearing that either party was justifiable in all that he did. Hawkins v. State, 13 Ga. 322.

2. "Whether or not the accused was justifiable in the part that he took in the affair was, under the facts of this case, a question for the jury. They found that he was not. There was some evidence to sustain their finding; the trial judge signified his approval of it by refusing to grant a new trial; and this court will not say that his refusal was erroneous.

Judgment affirmed.

All the Justices concur.

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Candler, ,T.

1. The' use of profane and violent language by two persons, each to the other, although in a public place, is not sufficient, without more, to constitute an affray under the laws of this State ; but the offense is made out by proof of the conduct, indicated, under the circumstances mentioned, indulged' in by both parties and accompanied by such acts as drawing a razor, making a threatening gesture with a plank, and taking hold of each other, by which conduct citizens are terrorized and disturbed; it not appearing that either party was justifiable in all that he did. Hawkins v. State, 13 Ga. 322.

2. "Whether or not the accused was justifiable in the part that he took in the affair was, under the facts of this case, a question for the jury. They found that he was not. There was some evidence to sustain their finding; the trial judge signified his approval of it by refusing to grant a new trial; and this court will not say that his refusal was erroneous.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

46 S.E. 432, 119 Ga. 314, 1904 Ga. LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-state-ga-1904.

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