Powell v. State

Court of Appeals of Georgia

Powell v. State

179 S.E. 205, 51 Ga. App. 7, 1935 Ga. App. LEXIS 512

CourtCourt of Appeals of Georgia

DecidedMarch 8, 1935

Docket24545

StatusPublished

Cited by1 cases

This text of 179 S.E. 205 (Powell 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

Powell v. State, 179 S.E. 205, 51 Ga. App. 7, 1935 Ga. App. LEXIS 512 (Ga. Ct. App. 1935).

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Opinion

Guerrt, J.

The evidence, while conflicting, warranted a finding by the jury that there was a mutual intent to enter into a fight by the defendant and another person, and that in the course of such mutual fight the defendant, in unlawfully shooting at such person with intent to kill him, shot and killed a bystander. A verdict finding the defendant guilty of voluntary manslaughter was therefore supported by the evidence.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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Guerrt, J.

The evidence, while conflicting, warranted a finding by the jury that there was a mutual intent to enter into a fight by the defendant and another person, and that in the course of such mutual fight the defendant, in unlawfully shooting at such person with intent to kill him, shot and killed a bystander. A verdict finding the defendant guilty of voluntary manslaughter was therefore supported by the evidence.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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Bluebook (online)

179 S.E. 205, 51 Ga. App. 7, 1935 Ga. App. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-state-gactapp-1935.

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