Royals v. State

Court of Appeals of Georgia

Royals v. State

88 S.E. 714, 17 Ga. App. 833, 1916 Ga. App. LEXIS 969

CourtCourt of Appeals of Georgia

DecidedApril 21, 1916

Docket7350

StatusPublished

This text of 88 S.E. 714 (Royals 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

Royals v. State, 88 S.E. 714, 17 Ga. App. 833, 1916 Ga. App. LEXIS 969 (Ga. Ct. App. 1916).

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Opinions

Russell, C. J.

1. The evidence in behalf of the prosecution would have authorized the conviction of the accused of the offense of murder, and the testimony in his behalf, if credited by the jury, would have required an acquittal. The case is one in which no middle ground is presented. It was therefore error to. give in charge to the jury the law of'voluntary manslaughter, and the verdict finding the accused guilty of that offense was unwarranted.

2. The court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, J., dissents.

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Russell, C. J.

1. The evidence in behalf of the prosecution would have authorized the conviction of the accused of the offense of murder, and the testimony in his behalf, if credited by the jury, would have required an acquittal. The case is one in which no middle ground is presented. It was therefore error to. give in charge to the jury the law of'voluntary manslaughter, and the verdict finding the accused guilty of that offense was unwarranted.

2. The court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, J., dissents.

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Bluebook (online)

88 S.E. 714, 17 Ga. App. 833, 1916 Ga. App. LEXIS 969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royals-v-state-gactapp-1916.