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133 Ga. 578

Westbrook v. State

Supreme Court of Georgia

Decided December 22, 1909

Supreme Court of Georgia · decided 1909-12-22

Indictmeut for murder. Before Judge Mitchell. Tift superior court. July 29, 1909. Cleveland Westbrook was convicted of murder, without recommendation. Iiis motion for new trial was overruled, and he excepted. In the motion it was contended that the evidence was of such character as to reduce the homicide to voluntary manslaughter, and complaint was made that the judge failed to charge the jury the law applicable to that offense.

Cited in Bouvier (1914)’s definition of “Convict”

Good law ✅— No negative treatment on recordhow we know

Decided 1909-12-22

How this case has been cited

Cited by 5 later decisions — most recently December 1968

1 federal appellate · 4 state decisions

201909191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Evans, P. J., and Lumpkin, J.,

¶1dissenting. We agree with many of the legal principles announced by the majority, but can not concur in their application to the facts appearing in the record. We do not think that the defendant was entitled to a charge on the law of voluntary manslaughter.

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