Henry v. State

76 Ga. App. 139
CourtCourt of Appeals of Georgia
DecidedNovember 15, 1947
Docket31744
StatusPublished

This text of 76 Ga. App. 139 (Henry 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
Henry v. State, 76 Ga. App. 139 (Ga. Ct. App. 1947).

Opinion

MacIntyre, P. J.

Under one phase of the evidence the jury were authorized to find that the facts and circumstances at the time the accused killed the deceased were such only as would excite the fears of a reasonable man that some bodily harm, less than a felony, was imminent and impending; thus, the jury were authorized to find the defendant guilty of voluntary manslaughter. Code, §26-1007; Johnson v. State, 72 Ga. 679, 695; Gresham v. State, 70 Ga. App. 80, 81 (27 S. E. 2d, 463). The evidence authorized the verdict, and the trial judge did not err in overruling the motion for new trial.

Judgment affirmed.

Gardner and Townsend, JJ., concur. L. L. Woodward, for plaintiff in error. Harvey L. Jay, Solicitor-General, contra.

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Related

Gresham v. State
27 S.E.2d 463 (Court of Appeals of Georgia, 1943)
Johnson v. State
72 Ga. 679 (Supreme Court of Georgia, 1884)

Cite This Page — Counsel Stack

Bluebook (online)
76 Ga. App. 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-state-gactapp-1947.