Landrum v. State

Court of Appeals of Georgia

Landrum v. State

70 S.E. 353, 9 Ga. App. 115, 1911 Ga. App. LEXIS 430

CourtCourt of Appeals of Georgia

DecidedMarch 3, 1911

Docket2495

StatusPublished

Cited by2 cases

This text of 70 S.E. 353 (Landrum 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

Landrum v. State, 70 S.E. 353, 9 Ga. App. 115, 1911 Ga. App. LEXIS 430 (Ga. Ct. App. 1911).

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Opinion

Russell, J.

Tlie charge of the court as to words, threats, and menaces was restricted to their legal effect in case they resulted in a homicide due to an irresistible impulse of passion, but excluded from the consideration of the jury the legal effect of words, threats, and menaces as a defense, in ease the jury found that the homicide resulted from fear caused bv threats and menaces, rather than from passion. This view of the case was not presented to the jury, and it was, therefore, error not to grant a new trial. The case is controlled by the rulings in Cumming v. State, 99 Ga. 662 (27 S. E. 177), and in Rossi v. State, 7 Ga. App. 732 (68 S. E. 56). Judgment reversed..

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Russell, J.

Tlie charge of the court as to words, threats, and menaces was restricted to their legal effect in case they resulted in a homicide due to an irresistible impulse of passion, but excluded from the consideration of the jury the legal effect of words, threats, and menaces as a defense, in ease the jury found that the homicide resulted from fear caused bv threats and menaces, rather than from passion. This view of the case was not presented to the jury, and it was, therefore, error not to grant a new trial. The case is controlled by the rulings in Cumming v. State, 99 Ga. 662 (27 S. E. 177), and in Rossi v. State, 7 Ga. App. 732 (68 S. E. 56). Judgment reversed..

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Bluebook (online)

70 S.E. 353, 9 Ga. App. 115, 1911 Ga. App. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landrum-v-state-gactapp-1911.

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