Clyde v. State

Supreme Court of Georgia

Clyde v. State

76 S.E. 49, 138 Ga. 767, 1912 Ga. LEXIS 698

CourtSupreme Court of Georgia

DecidedOctober 15, 1912

StatusPublished

Cited by2 cases

This text of 76 S.E. 49 (Clyde 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

Clyde v. State, 76 S.E. 49, 138 Ga. 767, 1912 Ga. LEXIS 698 (Ga. 1912).

Pincite

Opinion

Beck, J.

1. The court did not err in failing to charge the jury in this case upon the subject of voluntary manslaughter. Under the evidence introduced by the State, the homicide was clearly a willful and unprovoked murder; and under the evidence introduced by the defendant, the killing of the decedent resulted from her being struck by a shot which was fired by the accused in his own defense at a third person while the latter was making a felonious attack upon the accused.

2. The evidence authorized the verdict, and the court below did not err in refusing a new trial. Judgment affirmed.

All the Justices concur.

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Beck, J.

1. The court did not err in failing to charge the jury in this case upon the subject of voluntary manslaughter. Under the evidence introduced by the State, the homicide was clearly a willful and unprovoked murder; and under the evidence introduced by the defendant, the killing of the decedent resulted from her being struck by a shot which was fired by the accused in his own defense at a third person while the latter was making a felonious attack upon the accused.

2. The evidence authorized the verdict, and the court below did not err in refusing a new trial. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

76 S.E. 49, 138 Ga. 767, 1912 Ga. LEXIS 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clyde-v-state-ga-1912.

Opinion

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