Farmer v. State

Court of Appeals of Georgia

Farmer v. State

67 S.E. 834, 7 Ga. App. 688, 1910 Ga. App. LEXIS 465

CourtCourt of Appeals of Georgia

DecidedApril 19, 1910

Docket2517

StatusPublished

This text of 67 S.E. 834 (Farmer 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

Farmer v. State, 67 S.E. 834, 7 Ga. App. 688, 1910 Ga. App. LEXIS 465 (Ga. Ct. App. 1910).

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Opinion

Hill, C. J.

1. A brother lias the right to defend the reputation of his sister; and where he has made an assault and battery upon one assailing in his presence his sister’s character for chastity, modesty, and virtue, it is for the jury to say whether the language used was sufficient provocation to justify an assault and battery, and whether the assault and battery exceeded the provocation. A charge to this effect was applicable to the facts of this case, and not erroneous. Warnack v. State, 3 Ga. App. 596 (60 S. E. 288) ; Armistead v. State, 18 Ga. 708; Penal Code, §§ 74, 103.

2. No material error of law appears, and the verdict is fully supported by the evidence. Judgment affvnne'd.

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Hill, C. J.

1. A brother lias the right to defend the reputation of his sister; and where he has made an assault and battery upon one assailing in his presence his sister’s character for chastity, modesty, and virtue, it is for the jury to say whether the language used was sufficient provocation to justify an assault and battery, and whether the assault and battery exceeded the provocation. A charge to this effect was applicable to the facts of this case, and not erroneous. Warnack v. State, 3 Ga. App. 596 (60 S. E. 288) ; Armistead v. State, 18 Ga. 708; Penal Code, §§ 74, 103.

2. No material error of law appears, and the verdict is fully supported by the evidence. Judgment affvnne'd.

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Bluebook (online)

67 S.E. 834, 7 Ga. App. 688, 1910 Ga. App. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-state-gactapp-1910.

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