Ogle v. State
This text of 133 S.E. 266 (Ogle 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.
Opinion
On the trial of one charged with assault and battery it was error for the court to charge the jury that “if the party assaulted m this ease, Roy Wilkerson, if when he was assaulted he was defending his mother, attempting to defend his mother against an assault that was being made by the wife of the defendant in this ease, or anybody else, he would have a right to defend his mother” (italics ours), this charge (as alleged in the motion for a new trial) being an intimation of an opinion that Roy Wilkerson (the party alleged to have been assaulted) had been assaulted; and this error, under the facts of the case, requires a new trial.
Judgment reversed.
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Cite This Page — Counsel Stack
133 S.E. 266, 35 Ga. App. 368, 1926 Ga. App. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogle-v-state-gactapp-1926.