Sutton v. State, 58 S.E. 1108 (Ga. Ct. App. 1907). · Go Syfert
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Sutton v. State, 58 S.E. 1108 (Ga. Ct. App. 1907). Cases Citing This Book View Copy Cite
11 citation events across 1 distinct court.
Strongest positive: Walker v. State (gactapp, 1916-01-21)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see, e.g." Walker v. State
Ga. Ct. App. · 1916 · signal: see also · confidence low
See also Lewis v. State, 2 Ga. App. 659 ( 58 S. E. 1070 ). 2.
Retrieving the full opinion text from the archive…
Sutton
v.
State
681.
Court of Appeals of Georgia.
Oct 16, 1907.
58 S.E. 1108
Polhill & Foy, for plaintiff in error., J. H. Tipton, solicitor, contra.
Hill.
Cited by 1 opinion  |  Published
Hill, C. J.

1. Abusive language, without more, is not a valid defense to a battery with a large pistol, sufficient in severity to knock down and cause unconsciousness.

2. The aggressor in the use of opprobrious words can not set up, as a defense to a violent battery with a pistol, the use of similar words provoked by his own language.

3. The verdict rendered was the verdict required by the undisputed evidence and the defendant’s statement, considered separately or together.

4. The grounds in the motion for a new trial are utterly without merit.

Judgment affirmed.

Accusation of assault and battery, from city court of Sylvester— Judge Park. June 6, 1907. Submitted October 7, Decided October 16, 1907. Polhill & Foy, for plaintiff in error. J. H. Tipton, solicitor, contra.