(DOWNLOAD) "Whitfield v. State" by Supreme Court of Georgia " eBook PDF Kindle ePub Free
eBook details
- Title: Whitfield v. State
- Author : Supreme Court of Georgia
- Release Date : January 08, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Rufus Whitfield was indicted for murder, at the November term, 1950, and was tried and convicted, with a recommendation of mercy, at the November term, 1952, of Burke Superior Court. To the judgment overruling his motion for a new trial he excepts. Held : 1. While, under the evidence and the statement of the defendant to the effect that the person killed threatened ""to blow you over that dam store,"" and ""twisted around like he was going to get something out of his pocket,"" the jury might have found that the defendant killed the deceased while acting under the fears of a reasonable man that his life was in danger or that a felony was about to be committed upon him by the deceased, and was therefore justified, such a verdict was not demanded, but the jury was authorized to find that the facts and circumstances surrounding the killing were not sufficient to excite such fears of a reasonable man, and that the defendant acted only from provocation by words used to him by the person killed. Fudge v. State, 190 Ga. 340 (9 S.E.2d 259); Bivins v. State, 200 Ga. 729 (1) (38 S.E.2d 273). The evidence authorized the verdict, and the general grounds of the motion for new trial are without merit.
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