McDuffie v. State

Court of Appeals of Georgia

McDuffie v. State

168 S.E. 910, 46 Ga. App. 691, 1933 Ga. App. LEXIS 194

CourtCourt of Appeals of Georgia

DecidedApril 5, 1933

Docket22997

StatusPublished

This text of 168 S.E. 910 (McDuffie 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

McDuffie v. State, 168 S.E. 910, 46 Ga. App. 691, 1933 Ga. App. LEXIS 194 (Ga. Ct. App. 1933).

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Opinion

Guerry, J.

The evidence fails to disclose that at the time the actual assault was made there was any mutual intention or purpose to fight. The record shows that the prosecutor was eating an apple and walking away from the defendant, and that the defendant rushed up to him seized him, and cut him on the back of the neck, on his arms, and on his body. “Mutual combat, in the meaning of § 73, is a mutual fight following a mutual intention to fight, with felonious purpose.” Warnack v. State, 3 Ga. App. 590, 594 (60 S. E. 288). The evidence amply supports the verdict and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

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Guerry, J.

The evidence fails to disclose that at the time the actual assault was made there was any mutual intention or purpose to fight. The record shows that the prosecutor was eating an apple and walking away from the defendant, and that the defendant rushed up to him seized him, and cut him on the back of the neck, on his arms, and on his body. “Mutual combat, in the meaning of § 73, is a mutual fight following a mutual intention to fight, with felonious purpose.” Warnack v. State, 3 Ga. App. 590, 594 (60 S. E. 288). The evidence amply supports the verdict and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

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Bluebook (online)

168 S.E. 910, 46 Ga. App. 691, 1933 Ga. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcduffie-v-state-gactapp-1933.

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