Cohen v. State

Supreme Court of Georgia

Cohen v. State

107 S.E. 770, 151 Ga. 582, 1921 Ga. LEXIS 336

CourtSupreme Court of Georgia

DecidedJune 15, 1921

DocketNo. 2589

StatusPublished

This text of 107 S.E. 770 (Cohen 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

Cohen v. State, 107 S.E. 770, 151 Ga. 582, 1921 Ga. LEXIS 336 (Ga. 1921).

Pincite

Opinion

Gilbert, J.

On an indictment charging him with the murder of Walter Howard, Pat Cohen was found guilty with recommendation to mercy. His motion for a new trial was overruled, and he.excepted. As stated in the brief of the plaintiff in error, "the only error insisted upon is that the court should have charged the law of voluntary manslaughter, based upon mutual combat.” The motion for new trial consists of several grounds, all assigning error on the failure of the court to instruct the jury on the law of voluntary manslaughter as related to mutual combat. After careful examination of the evidence we are convinced that mutual combat was not involved in the case, and that the court did not err in failing to charge upon that principle of law. The evidence authorized the verdict.

Judgment affirmed.

All the Justices concur.

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Gilbert, J.

On an indictment charging him with the murder of Walter Howard, Pat Cohen was found guilty with recommendation to mercy. His motion for a new trial was overruled, and he.excepted. As stated in the brief of the plaintiff in error, "the only error insisted upon is that the court should have charged the law of voluntary manslaughter, based upon mutual combat.” The motion for new trial consists of several grounds, all assigning error on the failure of the court to instruct the jury on the law of voluntary manslaughter as related to mutual combat. After careful examination of the evidence we are convinced that mutual combat was not involved in the case, and that the court did not err in failing to charge upon that principle of law. The evidence authorized the verdict.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

107 S.E. 770, 151 Ga. 582, 1921 Ga. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-state-ga-1921.