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76 Ga. App. 139

Henry v. State

Court of Appeals of Georgia

Decided November 15, 1947

Court of Appeals of Georgia · decided 1947-11-15

Cited by 3 later decisions — most recently October 1949

3 state decisions

Relies on 70 Ga. App. 80 - Gresham v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1947-11-15

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MacIntyre, P. J.

¶1Under one phase of the evidence the jury were authorized to find that the facts and circumstances at the time the accused killed the deceased were such only as would excite the fears of a reasonable man that some bodily harm, less than a felony, was imminent and impending; thus, the jury were authorized to find the defendant guilty of voluntary manslaughter. Code, §26-1007; Johnson v. State, 72 Ga. 679, 695; Gresham v. State, 70 Ga. App. 80, 81 (27 S. E. 2d, 463). The evidence authorized the verdict, and the trial judge did not err in overruling the motion for new trial.

¶2Judgment affirmed.

Gardner and Townsend, JJ., concur.L. L. Woodward, for plaintiff in error.Harvey L. Jay, Solicitor-General, contra.
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