Landers v. State

Court of Appeals of Georgia

Landers v. State

82 S.E.2d 705, 90 Ga. App. 357, 1954 Ga. App. LEXIS 712

CourtCourt of Appeals of Georgia

DecidedJuly 8, 1954

Docket35198

StatusPublished

This text of 82 S.E.2d 705 (Landers 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

Landers v. State, 82 S.E.2d 705, 90 Ga. App. 357, 1954 Ga. App. LEXIS 712 (Ga. Ct. App. 1954).

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Opinion

Gardner, P. J.

This is the second appearance of this case here. See Landers v. State, 87 Ga. App. 446 (74 S. E. 2d 383). The evidence in the instant case for both parties is almost identical with the evidence in the previous case, where this court held that the law applicable to voluntary manslaughter was not involved. Voluntary manslaughter is not involved under the record in the instant case. We are asked by the State to review and overrule the prior decision of this court in Landers v. State. This we decline to do. In the event of another trial, if any, if the evidence is practically the same as reflected in the first and second trials, let it be tried according to the rules of law announced by this court.

Judgment reversed.

Townsend and Carlisle, JJ., concur.

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Gardner, P. J.

This is the second appearance of this case here. See Landers v. State, 87 Ga. App. 446 (74 S. E. 2d 383). The evidence in the instant case for both parties is almost identical with the evidence in the previous case, where this court held that the law applicable to voluntary manslaughter was not involved. Voluntary manslaughter is not involved under the record in the instant case. We are asked by the State to review and overrule the prior decision of this court in Landers v. State. This we decline to do. In the event of another trial, if any, if the evidence is practically the same as reflected in the first and second trials, let it be tried according to the rules of law announced by this court.

Judgment reversed.

Townsend and Carlisle, JJ., concur.

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Bluebook (online)

82 S.E.2d 705, 90 Ga. App. 357, 1954 Ga. App. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landers-v-state-gactapp-1954.

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