Truitt v. State
Truitt v. State
Opinion of the Court
The single assignment of error complains of
(a) It is first contended that this charge deprived the defendant, in effect, of his defense of justifiable homicide because it in effect instructed the jury that, even if he honestly and non-negligently believed himself attacked, he could not kill in self-defense. However, the fault appears to lie, not in the sense of the charge, but in the punctuation, which gives the effect of a contradiction not existing in fact. Punctuated as follows, the meaning is clear: “The general principle is this—not that it is lawful to coolly attack and kill a person of ferocious and bloodthirsty character, for it is as much murder in such manner to kill the most desperate of men. Whenever it is shown that a person honestly and non-negligently believes himself attacked, it is admissible for him to put in evidence whatever could show the bona fides of his belief. . . It is true, as a general rule, that the slayer can derive no advantage from the character of the deceased for violence, provided the killing took place under circumstances that showed he did not believe himself in danger. If, at the time the deadly blow was inflicted, the person
(b) The excerpt from the charge here given was obviously taken almost verbatim from the charge approved in Barnett v. State, 136 Ga. 65 (5) (70 S. E. 868), and was there approved in the holding that it was not open to criticism as being argumentative, or containing an intimation that the defendant deliberately attacked the deceased because of his bad character, or that the accused could derive no advantage from the bad character of the deceased for violence. A part of the charge, including the word “non-negligently,” of which specific complaint is made in the assignment of error, is contained in Wharton’s Criminal Evidence (11th ed.), § 339. It contains an accurate statement of the law as to the extent to which the bad character of the deceased for violence and turbulence may be relied upon by the accused, in connection with his plea that he acted in self-defense under the fears of a reasonable man, and was not error for any reason assigned.
The trial court did not err in denying the motion for new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.