Home/Supreme Court of Georgia/Boatwright v. State

Boatwright v. State

15 S.E. 21, 89 Ga. 140
CourtSupreme Court of Georgia
DecidedMarch 26, 1892
StatusPublished
Cited by18 cases

This text of 15 S.E. 21 (Boatwright 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
Boatwright v. State, 15 S.E. 21, 89 Ga. 140 (Ga. 1892).

Opinion

[141]*141 Judgment reversed.

Another ground is, that the court erred in assuming in the charge that defendant had given provocation to deceased, that deceased advanced upon defendant, that defendant still provoked deceased and armed himself, and that they engaged in such mortal combat,—as appears from the following instructions : “Words cannot justify the use of a deadly weapon in the infliction of a battery; and if you believe from the evidence that upon such provocation given that the deceased advanced upon defendant, that the defendant still provoked the deceased and armed himself, and that they engaged in such mutual combat, and the defendant slew the deceased, it would be your duty under these circumstances to convict him of the offence of voluntary manslaughter.” It is further complained that the court refused to charge, as requested, certain principles as to involuntary manslaughter. Walter A. Way, by brief, for plaintiff in error. W. A. Little, attorney-general, by J. H. Lumpkin, and W. G. Brantley, solicitor-general, contra.

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Bluebook (online)
15 S.E. 21, 89 Ga. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boatwright-v-state-ga-1892.