How cited: Burger v. State · Go Syfert

Burger v. State (1977)

green · 112 citation events across 10 courts. Showing the 17 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1977 → 2026 · click a year to view the case as of then
197720012026
green State v. Miller (1991)
Quote Authority · N.D. · 4 citations in this opinion
See People v. Chevalier, 131 Ill.2d 66 , 136 Ill.Dec. 167, 171 , 544 N.E.2d 942, 946 (1989) (Verbal communication of adultery is insufficient provocation, "[w]hatever may be the outer limits of the general rule that only the discovery of the parties in the act of adultery, or immediately before or after the act, will suffice as provocation"); Burger v. State, 231 S.E.2d 769, 771 , 238 Ga. 171 (1977) ("[A]ny idea that a spouse is ever justified in taking the life of another—a…
"[A]ny idea that a spouse is ever justified in taking the life of another—adulterous spouse or illicit lover—to prevent adultery is uncivilized. This is murder; and henceforth, nothing more appearing, an instruction on justifiable homicide may not be given"
green Rigsby v. State (2019)
Rule Authority · Ga.
See, e.g., McGill v. State, 263 Ga. 81, 83 ( 428 SE2d 341 ) (1993) (holding that the trial court’s sequential charge related to felony murder and voluntary manslaughter was harmless, because there was no evidence to support the voluntary manslaughter charge so “the jury would not have been [properly] authorized to find that the homicide was an act of voluntary manslaughter”); Burger v. State, 238 Ga. 171, 172 ( 231 SE2d 769 ) (1977) (concluding that the trial court’s instruc…
green Morris v. State (2002)
Rule Authority · Ga.
A notice of appeal was filed on February 26, 2002, the appeal was docketed with this Court on March 18, 2002, and oral arguments were heard on June 10, 2002. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA § 24-9-22. 4 Burger v. State, 238 Ga. 171, 172 ( 231 SE2d 769 ) (1977).
green Gooch v. State (1989)
Rule Authority · Ga.
See Swett v. State, 242 Ga. 228 (1) ( 248 SE2d 629 ) (1978); Reeves v. State, 234 Ga. 896 ( 218 SE2d 625 ) (1975); Burger v. State, 238 Ga. 171, 172 (2) ( 231 SE2d 769 ) (1977).
green Gibbs v. State (1985)
Rule Authority · Ga. Ct. App.
This is murder.” The language of the contested charge appears in Burger v. State, 238 Ga. 171, 172 ( 231 SE2d 769 ) (1977).
green Allen v. State (2024)
Cited · Ga. · signal: see · 4 citations in this opinion
See Burger v. State, 238 Ga. 171, 171-172 ( 231 SE2d 769 ) (1977) (describing justifiable homicide instruction in such circumstances as “uncivilized,” and holding that it was no longer authorized when a defendant kills in order to prevent the completion of adultery). 29 Despite our euphemistic language in Richardson, the appellate record in that case shows that the defendant stated she found her husband and the victim “having intercourse,” that her husband was “on top of” th…
Cited · Ga. Ct. App. · signal: see · 4 citations in this opinion
See Burger v. State, 238 Ga. 171 (1) ( 231 SE2d 769 ) (1977).
green Cole v. State (1985)
Cited (see also) · Ga. · signal: compare · 4 citations in this opinion
Compare Burger v. State, 238 Ga. 171 ( 231 SE2d 769 ) (1977).
green Powell v. State (2009)
Cited (see also) · Ga. · signal: compare · 2 citations in this opinion
Compare Culmer v. State, 282 Ga. 330, 335 (4) ( 647 SE2d 30 ) (2007) (adulterous conduct can give rise to sufficient provocation if it occurred immediately prior to killing in such a way as to incite sudden irresistible passion) with Burger v. State, 238 Ga. 171 ( 231 SE2d 769 ) (1977) (adulterous conduct alone does not justify killing of spouse).
green Ricketts v. State (2003)
Cited · Ga. · signal: see · 2 citations in this opinion
See Stull v. State, 230 Ga. 99, 104 ( 196 SE2d 7 ) (1973) (“Even though language used by the appellate courts in a decision may embody sound law, it is not always appropriate to employ such language in instructing the jury.”). 238 Ga. 171, 172 ( 231 SE2d 769 ) (1977).
green Scott v. State (2001)
Cited (see also) · Ga. · signal: see also · 2 citations in this opinion
The case was docketed on January 3, 2001, and orally argued on March 19, 2001. 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 270 Ga. 765 ( 512 SE2d 892 ) (1999). 4 See OCGA § 16-5-21; see also Dixon v. State, 268 Ga. 81, 82 ( 485 SE2d 480 ) (1997) (defining aggravated assault as (1) an assault committed on the victim that (2) was aggravated by either (a) an intention to murder, rape, or rob or (b) the use of a deadly weapon). 5 See Peters v. St…
green Dutton v. State (1997)
Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion
See Brown v. State, 228 Ga. 215 ( 184 SE2d 655 ) (1971), overruled in part, Burger v. State, 238 Ga. 171, 172 (1) ( 231 SE2d 769 ) (1977); 3 Appling v. State, supra; Mitchell v. State, 187 Ga. App. 40, 43 (2) ( 369 SE2d 487 ) (1988).
green Williams v. State (1993)
Cited (see also) · Ga. · signal: see, e.g. · 2 citations in this opinion
See, e.g., Burger v. State, 238 Ga. 171, 172 (1) ( 231 SE2d 769 ) (1977).
green Atkins v. State (1986)
Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion
See Burger v. State, 238 Ga. 171 (1) ( 231 SE2d 769 ) (1977).
green Forney v. State (1986)
Cited · Ga. · signal: see · 2 citations in this opinion
See Burger v. State, 238 Ga. 171, 172 ( 231 SE2d 769 ) (1977).
green Pennamon v. State (1981)
Cited · Ga. · signal: see · 2 citations in this opinion
See Burger v. State, 238 Ga. 171, 172 ( 231 SE2d 769 ) (1977); see also United States v. Wallette, 580 F2d 335 (8th Cir. 1978); United States v. Hardin, 443 F2d 735 (D.
green Swett v. State (1978)
Cited · Ga. · signal: see
See Burger v. State, 238 Ga. 171, 172 ( 231 SE2d 772 ) (1977); Phillips v. State, 238 Ga. 497 ( 233 SE2d 758 ) (1977); Reeves v. State, 234 Ga. 896 , supra. Argued July 12, 1978 Decided September 6, 1978 Rehearing denied September 26, 1978.