Jones v. State

Court of Appeals of Georgia

Jones v. State

66 S.E. 961, 7 Ga. App. 334, 1910 Ga. App. LEXIS 279

CourtCourt of Appeals of Georgia

DecidedJanuary 21, 1910

Docket2311

StatusPublished

Cited by3 cases

This text of 66 S.E. 961 (Jones 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

Jones v. State, 66 S.E. 961, 7 Ga. App. 334, 1910 Ga. App. LEXIS 279 (Ga. Ct. App. 1910).

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Opinion

Powell, J.

Under no rational view of the evidence was the law of voluntary manslaughter involved; the submission of instructions thereon was error, and the verdict finding the defendant guilty of that offense was contrary to law. Brantley v. State, 5 Ga. App. 458 (63 S. E. 519).

2. Under the facts of the case, it was erroneous to instruct the jury that “provocation by words, threats, menaces, or contemptuous gestures shall in no case be sufficient to free the person killing from the guilt and crime of murder.” Holland v. State, 3 Ga. App. 466 (60 S. E. 205) ; Cumming v. State, 99 Ga. 662 (27 S. E. 177); Johnson v. State, 105 Ga. 665 (31 S. E. 399) ; Clay v. State, 124 Ga. 795 (53 S. E. 179).

3. In all cases where the term of punishment in the penitentiary is discretionary, the jury may in their verdict make a recommendation as to the extent of the punishment, though the judge is not bound to respect the recommendation; and it is not error for the judge so to instruct the jury. Penal Code, § 1037; Sterling v. State, 89 Ga. 807 (15 S. E. 743). Judgment reversed.

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Powell, J.

Under no rational view of the evidence was the law of voluntary manslaughter involved; the submission of instructions thereon was error, and the verdict finding the defendant guilty of that offense was contrary to law. Brantley v. State, 5 Ga. App. 458 (63 S. E. 519).

2. Under the facts of the case, it was erroneous to instruct the jury that “provocation by words, threats, menaces, or contemptuous gestures shall in no case be sufficient to free the person killing from the guilt and crime of murder.” Holland v. State, 3 Ga. App. 466 (60 S. E. 205) ; Cumming v. State, 99 Ga. 662 (27 S. E. 177); Johnson v. State, 105 Ga. 665 (31 S. E. 399) ; Clay v. State, 124 Ga. 795 (53 S. E. 179).

3. In all cases where the term of punishment in the penitentiary is discretionary, the jury may in their verdict make a recommendation as to the extent of the punishment, though the judge is not bound to respect the recommendation; and it is not error for the judge so to instruct the jury. Penal Code, § 1037; Sterling v. State, 89 Ga. 807 (15 S. E. 743). Judgment reversed.

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Bluebook (online)

66 S.E. 961, 7 Ga. App. 334, 1910 Ga. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-gactapp-1910.

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