Brantley v. State

Court of Appeals of Georgia

Brantley v. State

63 S.E. 519, 5 Ga. App. 458, 1909 Ga. App. LEXIS 22

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1909

Docket1515

StatusPublished

Cited by5 cases

This text of 63 S.E. 519 (Brantley v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brantley v. State, 63 S.E. 519, 5 Ga. App. 458, 1909 Ga. App. LEXIS 22 (Ga. Ct. App. 1909).

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Opinion

Powell, J.

1. The defendant, if not justifiable on the theory that he-' killed under the reasonable fear that a felony was about to be committed on him, was guilty of murder. No .phase of the testimony indicates voluntary manslaughter; hence the verdict convicting the defendant of' that offense is unauthorized.

2. While words, threats, menaces, and contemptuous gestures on the part, of the deceased may create such an apparent danger as to justify a homicide, they are not, unless they amount to an assault, effectual to mitigate it from murder into manslaughter. Holland v. State, 3 Ga. App. 466 (60 S. E. 205) ; Cumming v. State, 99 Ga. 662 (27 S. E. 177); Johnson v. State, 105 Ga. 665 (31 S. E. 399) ; Clay v. State, 124 Ga. 795 (53 S. E. 179). Judgment reversed.

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Powell, J.

1. The defendant, if not justifiable on the theory that he-' killed under the reasonable fear that a felony was about to be committed on him, was guilty of murder. No .phase of the testimony indicates voluntary manslaughter; hence the verdict convicting the defendant of' that offense is unauthorized.

2. While words, threats, menaces, and contemptuous gestures on the part, of the deceased may create such an apparent danger as to justify a homicide, they are not, unless they amount to an assault, effectual to mitigate it from murder into manslaughter. Holland v. State, 3 Ga. App. 466 (60 S. E. 205) ; Cumming v. State, 99 Ga. 662 (27 S. E. 177); Johnson v. State, 105 Ga. 665 (31 S. E. 399) ; Clay v. State, 124 Ga. 795 (53 S. E. 179). Judgment reversed.

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Bluebook (online)

63 S.E. 519, 5 Ga. App. 458, 1909 Ga. App. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brantley-v-state-gactapp-1909.

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