Waller v. State

Supreme Court of Georgia
Waller v. State, 100 Ga. 320 (Ga. 1897)
28 S.E. 77; 1897 Ga. LEXIS 54

Waller v. State

Opinion of the Court

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.

Reference

Full Case Name
WALLER v. State
Cited By
26 cases
Status
Published