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36 Ga. 91

Floyd v. State

Supreme Court of Georgia

Decided June 15, 1867

Supreme Court of Georgia · decided 1867-06-15

Indictment for Stabbing. Motion for new trial. Decided by Judge Holt. Burke Superior Court, November Term, 1860. Floyd stood conversing witb the two Messrs. Brinson. He bad open in his hand such a knife as farmers carry, and was perhaps whittling or cleaning his finger nails. Whilden approached and asked Floyd if he had been accusing him of collecting money for his (Floyd’s) slave and stealing it. Floyd said he did.

Good law ✅— No negative treatment on recordhow we know

Decided 1867-06-15

How this case has been cited

Cited by 7 later decisions — most recently September 1961

7 state decisions

2018671870188018901900191019201930194019501960decided

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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Harris, J.

¶1The general rule in criminal law in reference to assaults made on a person, and how they may be repelled defensively, is that contained in the charge of Judge Holt to the jury, which tried this indictment, “that whether the stabbing by plaintiff in error amounted to self-defence, depended on the *93nature and violence of the assault made on him.” In this case the plaintiff in error received a blow with the fist of the assailant. As it does not appear by the record that there was great superiority in physical strength on the part of the assailant over that possessed by Floyd, nor it appearing that Floyd was in ill-health 'at the time, nor other circumstance existing at the time which produced relatively great inequality between them for sudden combat, we are not able to find any fact in the case which could justify him in repelling the blow of the fist by the use of his knife. As a general rule, it may safely be asserted that the law will not excuse or justify a man who repels a blow given him with the fist, by stabbing the assailant.

¶2Judgment affirmed.

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