179 Ga. App. 369 - Tew v. State’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where self-defense is alleged as justification for the acts of the accused, the physical disparities of the parties are relevant and the jury may properly consider them in determining whether there was a reasonable apprehension of danger, and whether the accused used excessive force to protect himself or to repel an attacker. [Cit.] Physical disparity of the defendant and victim would not generally be relevant where a defendant relies upon a defense of accident, as in the instant case. [Cit.] There was no evidence in the case at bar that [the defendant] fired the weapon out of fear, justification, or in self-defense. [Cit.] Inasmuch as self-defense was not placed in issue and it is not error to refuse to charge on a theory not in issue, this enumeration is without merit. [Cit.] [Tew v. State, 179 Ga. App. 369, 376 ( 346 SE2d 833 ) (1986).]”

   1 later decision quote this exact passage
   e.g. McBrayer v. State