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Graham v. State

Graham v. State, 90 S.E. 473 (Ga. 1916)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
October 18, 1916
Judges
Atkinson
Citations
90 S.E. 473146 Ga. 181916 Ga. LEXIS 557
Summary
Indictment for murder. Before Judge George. Irwin superior court. April 33, 1916.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Atkinson

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Atkinson, J.

1. There being evidence to authorize such a charge, it was not erroneous to instruct the jury: “For one to kill a person who is undertaking to make upon him a legal arrest, in a lawful manner is murder, and is not manslaughter or justifiable homicide.” Brooks v. State, 114 Ga. 6 ( 37 S. E. 877 ) ; Johnson v. State, 130 Ga. 27 ( 60 S. E. 160 ).

2. Portions of the charge complained of in grounds 5 and 6 of the amended motion for new.trial were in.accord with the rulings of this court when the case was here on a former occasion. Graham v. State, 143 Ga. 440 (858. E. 328).

3. The evidence was sufficient to support the verdict, and none of the other grounds of the motion for new trial show error requiring a reversal. Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 11943: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. Mullis v. State27 S.E.2d 91 (Ga. 1943)
  2. Hilburn v. State197 S.E. 73 (Ga. Ct. App. 1938)

Most recent

  1. Mullis v. State27 S.E.2d 91 (Ga. 1943)
  2. Hilburn v. State197 S.E. 73 (Ga. Ct. App. 1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Johnson v. State, 60 S.E. 160 (Ga. 1908) 10
Graham v. State, 85 S.E. 328 (Ga. 1915) 25
Brooks v. State, 39 S.E. 877 (Ga. 1901) 8
Rodgers v. Stern & Co., 37 S.E. 877 (Ga. 1901) 6

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