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180 Ga. 233

Parham v. State

Supreme Court of Georgia

Decided February 12, 1935

Supreme Court of Georgia · decided 1935-02-12

Relies on Smith v. State · Perkins v. State · Price v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-02-12

How this case has been cited

Cited by 9 later decisions — most recently October 1953

9 state decisions

40193519401950decided

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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Atkinson, Justice.

¶11. The evidence authorized a finding that the defendant was the aggressor;. and consequently the principle that a person can not create the necessity for another to defend himself or attempt to defend himself from a felonious assault, as stated and applied in Bowden v. State, 126 Ga. 578 (3) (55 S. E. 499), and Price v. State, 137 Ga. 71 (3, 5) (72 S. E. 908), was applicable, and the charge complained of in the first special ground of the motion for new trial was not erroneous for the reason stated.

¶22. “A ground of a motion for a new trial, that ‘the court erred in not charging the jury the law of voluntary manslaughter,’ is too vague and indefinite an assignment of error to raise any question for determination by this court.” Smith v. State, 125 Ga. 300 (54 S. E. 124) ; Wilson v. State, 156 Ga. 42 (118 S. E. 427) ; Harris v. State, 178 Ga. 746 (3) (174 S. E. 240). The second special ground of the motion for new trial, complaining of the omission to charge “the law applicable to voluntary manslaughter,” is insufficient to present any question for decision.

¶33. The evidence was sufficient to support the verdict, and there was no error in overruling the motion for a new trial.

¶4Judgment affirmed.

All the Justices concur, except Russell, O. J., who dissents.C. D. Rivers and Fariss & Langford, for plaintiff: in error.M. J. Yeomans, attorney-general, J. F. Kelly, solicitor-general, B. D. Murphy, J. T. Goree, and J. R. Rosser, contra.
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