Rushing v. State

Supreme Court of Georgia

Rushing v. State

69 S.E. 171, 135 Ga. 224, 1910 Ga. LEXIS 488

CourtSupreme Court of Georgia

DecidedOctober 11, 1910

StatusPublished

Cited by4 cases

This text of 69 S.E. 171 (Rushing v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rushing v. State, 69 S.E. 171, 135 Ga. 224, 1910 Ga. LEXIS 488 (Ga. 1910).

Pincite

Opinion

Evans, P. J.

1. In the prosecution of one charged' with having killed an officer who at the time was attempting to execute a warrant which he had with him, the warrant, when apparently legal on its face, is admissible in evidence without any preliminary proof of the prior proceedings attending its issuance. Wharton on Homicide, § 392.

2. There was no evidence of a forcible attack and invasion of the habitation of the defendant; and the court properly omitted giving Penal Code, § 72, in charge.

3. No error of law was committed; the verdict is supported by the evidence; and no cause for granting a new trial is made to appear.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI