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Chester v. State

59 S.E. 843, 3 Ga. App. 332, 1907 Ga. App. LEXIS 637
CourtCourt of Appeals of Georgia
DecidedDecember 20, 1907
Docket834
StatusPublished
Cited by6 cases

This text of 59 S.E. 843 (Chester 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
Chester v. State, 59 S.E. 843, 3 Ga. App. 332, 1907 Ga. App. LEXIS 637 (Ga. Ct. App. 1907).

Opinion

Powell, J.

1. While a conviction of the offense of shooting at another is not legal where the evidence as a whole .shows that the defendant deliberately shot the prosecutor, either maliciously or else justifiably, yet this is riot true where, under any phase of the evidence, a shooting unlawful but not malicious can be inferred.

'2. Where, under the defendant’s statement taken as a whole, the shooting was justifiable, but where, discarding it in part and taking it in part, the shooting was not justifiable and yet not malicious, the jury were authorized to find him guilty of shooting at another.

■3. A part of the defendant’s statement rendered a conviction of the offense of shooting at another lawful, under the rule in the case of Hill v. State, 64 Ga. 454. Judgment affirmed.

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Related

Perry v. State
121 S.E.2d 692 (Court of Appeals of Georgia, 1961)
Saylor v. State
93 S.E.2d 196 (Court of Appeals of Georgia, 1956)
Rawls v. State
33 S.E.2d 884 (Court of Appeals of Georgia, 1945)
Titshaw v. State
179 S.E. 641 (Court of Appeals of Georgia, 1935)
Gaskin v. State
74 S.E. 554 (Court of Appeals of Georgia, 1912)
Fallon v. State
63 S.E. 806 (Court of Appeals of Georgia, 1909)

Cite This Page — Counsel Stack

Bluebook (online)
59 S.E. 843, 3 Ga. App. 332, 1907 Ga. App. LEXIS 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chester-v-state-gactapp-1907.