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Swindle v. State

194 S.E. 883, 57 Ga. App. 197, 1938 Ga. App. LEXIS 526
CourtCourt of Appeals of Georgia
DecidedJanuary 7, 1938
Docket26624
StatusPublished
Cited by5 cases

This text of 194 S.E. 883 (Swindle 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
Swindle v. State, 194 S.E. 883, 57 Ga. App. 197, 1938 Ga. App. LEXIS 526 (Ga. Ct. App. 1938).

Opinion

MacIntyre, J.

This being a ease of assault with intent to murder, and the evidence for the accused tending to show that there was a mutual combat between the parties, the law of manslaughter, as bearing upon the question whether the accused should be convicted of shooting at another, a lesser offense than that expressly charged in the indictment, was necessarily involved; and it was the duty of the judge, whether So requested to do or not, to charge the jury upon this subject, and failure to do so was error. Kimball v. State, 112 Ga. 541 (37 S. E. 886); Buchman v. State, 153 Ga. 866 (113 S. E. 87); Cash v. State, 18 Ga. App. 486 (89 S. E. 603); Harris v. State, 184 Ga. 382 (191 S. E. 439).

Judgment reversed.

Broyles, G. J., and Guerry, J., concur.

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Related

Taylor v. State
112 S.E.2d 12 (Court of Appeals of Georgia, 1959)
Hodges v. State
96 S.E.2d 312 (Court of Appeals of Georgia, 1956)
Usher v. State
79 S.E.2d 15 (Court of Appeals of Georgia, 1953)
Breedlove v. State
66 S.E.2d 409 (Court of Appeals of Georgia, 1951)
White v. State
40 S.E.2d 782 (Court of Appeals of Georgia, 1946)

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Bluebook (online)
194 S.E. 883, 57 Ga. App. 197, 1938 Ga. App. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swindle-v-state-gactapp-1938.