¶1dissenting. I cannot agree with that which is held in Division 4 of the majority opinion. I feel it was "erroneous to sum up the contentions of the accused, the same, if true, making a clear case of justifiable homicide, without distinctly informing the jury that if the accused were justifiable in his act, he should be acquitted.” Waller v. State, 102 Ga. 684 (28 SE 284).
128 Ga. App. 645
197 S.E.2d 401
Witt v. State
Decided March 1, 1973
Court of Appeals of Georgia · decided 1973-03-01
Cited by 5 later decisions — most recently February 1976
5 state decisions
Relies on Waller v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1973-03-01
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