Highland v. State, 194 S.E.2d 332 (Ga. Ct. App. 1972). · Go Syfert
Highland v. State, 194 S.E.2d 332 (Ga. Ct. App. 1972). Cases Citing This Book View Copy Cite
54 citation events across 2 distinct courts.
Strongest positive: Daniel v. State (gactapp, 1986-09-02)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited as authority (rule) Daniel v. State
Ga. Ct. App. · 1986 · confidence medium
In any event, “it is not usually cause for a new trial that the court gives in charge an entire statutory or Code provision where a part thereof is applicable to the case, even though a part may be inapplicable under the facts in evidence. [Cits.]” Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ) (1972). 7.
cited Cited as authority (rule) Yeargin v. State
Ga. Ct. App. · 1982 · confidence medium
Thompson v. Mitchell, 192 Ga. 750 (2) ( 16 SE2d 540 ); Pippin v. State, 205 Ga. 316 (9) ( 53 SE2d 482 ).” Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ) (1972). 8.
cited Cited as authority (rule) Mansfield v. State
Ga. Ct. App. · 1982 · confidence medium
State v. McNeill, 234 Ga. 696 ( 217 SE2d 281 ) (1975); Highland v. State, 127 Ga. App. 518, 519 (1) ( 194 SE2d 332 ) (1972).
discussed Cited as authority (rule) Howell v. State
Ga. Ct. App. · 1981 · confidence medium
It is generally held that it is not usually cause for a new trial that the court gives in charge an entire statutory or Code provision where a part thereof is applicable to the case, even though a part may be inapplicable under the facts in evidence. [Cits.] It was not error to instruct the jury on the [exception to the defense of coercion.]” Highland v. State, 127 Ga. App. 518, 519 (1) ( 194 SE2d 332 ) (1972).
cited Cited as authority (rule) Bagley v. State
Ga. Ct. App. · 1980 · confidence medium
Highland v. State, 127 Ga. App. 518, 519 (1) ( 194 SE2d 332 ); Harrison v. State, 138 Ga. App. 419, 420 (2) ( 226 SE2d 480 ); Ford v. State, 232 Ga. 511, 517 (12) ( 207 SE2d 494 ).
discussed Cited as authority (rule) Walker v. State (2×)
Ga. Ct. App. · 1978 · confidence medium
However, Clark cited Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ) and Central of Ga. R.
discussed Cited as authority (rule) Rowles v. State
Ga. Ct. App. · 1977 · confidence medium
See Ford v. State, 232 Ga. 511, 517 (12) ( 207 SE2d 494 ); Pippin v. State, 205 Ga. 316 (9) (53 SE2d 482); Harrison v. State, 138 Ga. App. 419, 420 (226 SE2d 480); Highland v. State, 127 Ga. App. 518, 519 (1) ( 194 SE2d 332 ).
cited Cited as authority (rule) Clark v. State
Ga. Ct. App. · 1976 · confidence medium
Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ).” Central of Ga. R.
cited Cited as authority (rule) Fleming v. State
Ga. Ct. App. · 1976 · confidence medium
Co. v. Edwards, 40 Ga. App. 439 (2) ( 150 SE 447 ); Meyers v. State, 169 Ga. 468 (3) ( 151 SE 34 ); Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ).
discussed Cited as authority (rule) Corder v. State
Ga. Ct. App. · 1975 · confidence medium
The language used by the court conformed to that approved in Waldrop v. State, 221 Ga. 319, 323 (7) (144 SE2d 372); Hammond v. State, 225 Ga. 545, 546 ( 170 SE2d 226 ); Massey v. State, 226 Ga. 703 (2) ( 177 SE2d 79 ); and Highland v. State, 127 Ga. App. 518, 519 (2) ( 194 SE2d 332 ).
discussed Cited as authority (rule) Central of Georgia Railroad v. Sellers (2×)
Ga. Ct. App. · 1973 · confidence medium
Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ).
discussed Cited "see" Washington v. State (2×)
Ga. Ct. App. · 1990 · signal: accord · confidence high
Accord, Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Washington v. State (2×)
Ga. Ct. App. · 1990 · signal: accord · confidence high
Accord, Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Washington v. State (2×)
Ga. Ct. App. · 1990 · signal: accord · confidence high
Accord, Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Lewis v. State (2×)
Ga. Ct. App. · 1989 · signal: accord · confidence high
Accord Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Searcy v. State (2×)
Ga. Ct. App. · 1983 · signal: see · confidence high
See Highland v. State, 127 Ga. App. 518, 519 ( 194 SE2d 332 ); Central of Ga. R.
discussed Cited "see" Brooks v. State (2×)
Ga. · 1983 · signal: accord · confidence high
Accord, Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Stevens v. State (2×)
Ga. · 1981 · signal: accord · confidence high
Accord, Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Keller v. State (2×)
Ga. · 1980 · signal: accord · confidence high
Accord, Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ) (1972).
discussed Cited "see" Harrison v. State (2×)
Ga. Ct. App. · 1976 · signal: see · confidence high
See Highland v. State, 127 Ga. App. 518 (1), 519 ( 194 SE2d 332 ); Thompson v. Mitchell, 192 Ga. 750 (2) (16 SE2d 540); Pippin v. State, 205 Ga. 316 (9) ( 53 SE2d 482 ); Ford v. State, 232 Ga. 511, 517 (12) ( 207 SE2d 494 ). 3.
discussed Cited "see" Wilson v. State (2×)
Ga. · 1975 · signal: see · confidence high
See Highland v. State, 127 Ga. App. 518 (1) ( 194 SE2d 332 ).
discussed Cited "see, e.g." Hancock v. State (2×)
Ga. Ct. App. · 1974 · signal: see also · confidence medium
See also Highland v. State, 127 Ga. App. 518, 519 (2) ( 194 SE2d 332 ).
Highland
v.
the State
47422.
Court of Appeals of Georgia.
Oct 27, 1972.
194 S.E.2d 332
Guy B. Scott, Jr., for appellant., Clete D. Johnson, District Attorney, for appellee.
Deen, Eberhardt, Clark.
Cited by 27 opinions  |  Published
Deen, Judge.

1. The defendant was convicted of voluntary manslaughter on an indictment charging him with murder. The homicide was not denied and it appears from the testimony of various witnesses and the defendant’s statement that he and four or five other persons, mostly related, had been drinking for an extended period of time and some or all of them were quite beyond the bounds of sober judgment. Finally, one Carl Rice, taking offense at a remark by L. M. Brown, fought and downed him; Brown called for help and the defendant entered with a pistol, called on Rice to stop hitting his opponent who was on the floor beneath him, and when Rice refused to respond, fired once or twice at the ceiling and then fired[*519] two shots directly into Rice’s chest. He then called the sheriff to inform him that he had killed Rice and, on the trial, pleaded justification. The court charged the jury the whole of Code Ann. § 26-902 on justification, including the statement that one is justified in using force intended to cause death only if he reasonably believes it necessary to prevent death or great bodily injury to himself or a third person. Exception is taken to subsection (b) which states that a person is "not justified in using force under the circumstances specified in paragraph (a) of this section” if he initially provokes the use of force against himself, is attempting to commit a felony, or was the aggressor, on the ground that none of these latter circumstances is applicable to the facts of this case.

The court also charged the provisions of Code Ann. § 26-901 relating to justification and instructed them that one should not be found guilty of a crime if the act was induced by a misapprehension of fact which, if true, would have justified it. The instructions as a whole were full and fair. It is generally held that it is not usually cause for a new trial that the court gives in charge an entire statutory or Code provision where a part thereof is applicable to the case, even though a part may be inapplicable under the facts in evidence. Thompson v. Mitchell, 192 Ga. 750 (2) (16 SE2d 540); Pippin v. State, 205 Ga. 316 (9) (53 SE2d 482). It was not error to instruct the jury on the exceptions to the law of justifiable homicide.

2. "The mere fact that the jury is made aware that the defendant is making an unsworn statement does not result in reversible error. See Waldrop v. State, 221 Ga. 319 (7) (144 SE2d 372); Hammond v. State, 225 Ga. 545, 546 (170 SE2d 226).” Massey v. State, 226 Ga. 703 (2) (177 SE2d 79). The instructions of the court which were substantially in the language of Code Ann. §§ 27-405 and 38-415, and which informed the jury of their right to believe any part or all of the defendant’s unsworn statement in preference to the sworn testimony, were not error. See also Wynn v. State, 127 Ga. App. 463.

[*520] Submitted September 14, 19720 Decided October 27, 1972 Rehearing denied November 9, 1972. Guy B. Scott, Jr., for appellant. Clete D. Johnson, District Attorney, for appellee.

3. The defendant also complains that a statement by the court that the defendant "contends that the State has not proved his guilt to a reasonable and moral certainty and beyond a reasonable doubt ... if you believe either of these contentions of the defendant to be the truth of the case you should acquit” is incorrect "as no mention is made of the provision that if the jury had a reasonable doubt as to the guilt of the accused they should acquit.” We read this portion of the charge as clearly stating what the appellant claims was omitted but, if we are wrong here, the necessity for determining the defendant’s guilt beyond a reasonable doubt was fully charged and alluded to in at least four areas of the instructions, and we are satisfied that it was clearly understood by the jury.

Judgment affirmed.

Eberhardt, P. J., and Clark, J., concur.