Graham v. State

90 S.E. 473, 146 Ga. 18, 1916 Ga. LEXIS 557
CourtSupreme Court of Georgia
DecidedOctober 18, 1916
StatusPublished
Cited by3 cases

This text of 90 S.E. 473 (Graham 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
Graham v. State, 90 S.E. 473, 146 Ga. 18, 1916 Ga. LEXIS 557 (Ga. 1916).

Opinion

Atkinson, J.

1. There being evidence to authorize such a charge, it was not erroneous to instruct the jury: “For one to kill a person who is undertaking to make upon him a legal arrest, in a lawful manner is murder, and is not manslaughter or justifiable homicide.” Brooks v. State, 114 Ga. 6 (37 S. E. 877) ; Johnson v. State, 130 Ga. 27 (60 S. E. 160).

2. Portions of the charge complained of in grounds 5 and 6 of the amended motion for new.trial were in.accord with the rulings of this court when the case was here on a former occasion. Graham v. State, 143 Ga. 440 (858. E. 328).

3. The evidence was sufficient to support the verdict, and none of the other grounds of the motion for new trial show error requiring a reversal. Judgment affirmed.

All the Justices concur.

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Related

Mullis v. State
27 S.E.2d 91 (Supreme Court of Georgia, 1943)
Hilburn v. State
197 S.E. 73 (Court of Appeals of Georgia, 1938)

Cite This Page — Counsel Stack

Bluebook (online)
90 S.E. 473, 146 Ga. 18, 1916 Ga. LEXIS 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-ga-1916.