Home/Supreme Court of Georgia/Waller v. State

Waller v. State

28 S.E. 77, 100 Ga. 320, 1897 Ga. LEXIS 54
CourtSupreme Court of Georgia
DecidedFebruary 23, 1897
StatusPublished
Cited by26 cases

This text of 28 S.E. 77 (Waller 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
Waller v. State, 28 S.E. 77, 100 Ga. 320, 1897 Ga. LEXIS 54 (Ga. 1897).

Opinion

Fish, J.

1. There being, on the trial of an indictment for murder, evidence which, if credible, would have warranted a finding that the -slayer and the deceased, upon a sudden quarrel, each being armed with -a deadly weapon, mutually engaged in a mortal combat, each using his weapon and intending to kill the other therewith, it was the duty of the judge, with or without a request, to give- in charge to the jury th-e law of voluntary manslaughter as related to the doctrine of “mutual com-bait”; and the omissi-on to do so is cause for a new’trial, where-the accused was -convicted of murder.

2. In such a -case merely reading 'to the jury the sections of the-code relating to manslaughter did not -sufficiently Instruct them as to the law applicable to the issues involved.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)
28 S.E. 77, 100 Ga. 320, 1897 Ga. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waller-v-state-ga-1897.