Brewington v. State

Court of Appeals of Georgia

Brewington v. State

101 S.E. 753, 24 Ga. App. 594, 1919 Ga. App. LEXIS 953

CourtCourt of Appeals of Georgia

DecidedDecember 12, 1919

Docket10964

StatusPublished

This text of 101 S.E. 753 (Brewington 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.

Bluebook

Brewington v. State, 101 S.E. 753, 24 Ga. App. 594, 1919 Ga. App. LEXIS 953 (Ga. Ct. App. 1919).

Pincite

Opinion

Luke, J.

1. On the trial of a father for the murder of his minor son, where the evidence shows that the homicide was committed by the defendant by shooting the decedent with a pistol after having struck him upon the head with the same weapon, it is not error for the court to fail to instruct the jury as to the law of involuntary manslaughter in the commission of a lawful act. Parental authority to chastise a wayward child does not extend to such a use of such a weapon.

2. The evidence authorized the verdict finding the defendant guilty of involuntary manslaughter in the commission of an unlawful act, and no error of law appears from the record.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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Luke, J.

1. On the trial of a father for the murder of his minor son, where the evidence shows that the homicide was committed by the defendant by shooting the decedent with a pistol after having struck him upon the head with the same weapon, it is not error for the court to fail to instruct the jury as to the law of involuntary manslaughter in the commission of a lawful act. Parental authority to chastise a wayward child does not extend to such a use of such a weapon.

2. The evidence authorized the verdict finding the defendant guilty of involuntary manslaughter in the commission of an unlawful act, and no error of law appears from the record.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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Bluebook (online)

101 S.E. 753, 24 Ga. App. 594, 1919 Ga. App. LEXIS 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewington-v-state-gactapp-1919.