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Gadsden v. State

68 S.E. 497, 134 Ga. 785, 1910 Ga. LEXIS 350
CourtSupreme Court of Georgia
DecidedJuly 13, 1910
StatusPublished
Cited by5 cases

This text of 68 S.E. 497 (Gadsden 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
Gadsden v. State, 68 S.E. 497, 134 Ga. 785, 1910 Ga. LEXIS 350 (Ga. 1910).

Opinion

Lumpkin, J.

1. Where the evidence as a whole presented not only the theories of murder, or accidental killing with no evil design or intention or culpable neglect, but also of involuntary manslaughter in the commission of a lawful act without due caution and circumspection, it was error to charge the jury that involuntary manslaughter had nothing to do with the case, and to confine their consideration to the first two theories.

2. If an involuntary killing happens in the commission of an unlawful act which, in its consequences, naturally tends to destroy the life of a human being, the offense is murder. Penal Code, § 67.

Judgment reversed.

All the Justices concur.

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Related

Panter v. State
192 S.E.2d 913 (Court of Appeals of Georgia, 1972)
Drake v. State
144 S.E.2d 519 (Supreme Court of Georgia, 1965)
Park v. State
51 S.E.2d 832 (Supreme Court of Georgia, 1949)
Huntsinger v. State
36 S.E.2d 92 (Supreme Court of Georgia, 1945)
Josey v. State
74 S.E. 282 (Supreme Court of Georgia, 1912)

Cite This Page — Counsel Stack

Bluebook (online)
68 S.E. 497, 134 Ga. 785, 1910 Ga. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gadsden-v-state-ga-1910.