42 Ga. 609 | Ga. | 1871
1. This was an indictment for murder, in Dougherty Superior Court, and a verdict of guilty and motion for a new trial. The first ground of error is predicated upon the refusal of the Judge to admit evidence in relation to the character of the house and its inhabitants, where the homicide took place. In the opinion of the Court this evidence was not material or pertinent to the issue. Conceding it to be a house of ill-fame, it had nothing to do with the guilt or innocence of the prisoner. If parties frequent houses of disreputable character, or place themselves in the association of their inmates, the character of the houses is no excuse for any act of crime or violation of law committed therein; except such act grows out of jealousy, conduct or connection with parties therein, and is material to show the feeling of the parties in immediate connection with the homicide. Under the facts in this case, the character of the house or connection with its inmates had nothing to do with the transaction.
2. The second ground is the refusal of the Judge to charge: “That, if deceased said the prisoner stole the lamp, and defendant called him a damned liar, and deceased rose up and put his hand in his pocket and advanced toward defendant, such conduct was sufficient to excite the fears of a reason
3. The third ground of error is, that the Judge charged that malice is implied in all cases where the slayer takes life for words, threats or menaces, without other provocation. Such we hold to be within the meaning of section 4259 of the Code; 25 Georgia, 210; 39 Georgia, 31; 24 Georgia, 298. Malice is implied from any deliberate act, however sudden: 3 Kelly, 326. Deliberate killing, with great provocation, is murder; that words, threats and menaces are insufficient, is held in 28 Georgia, 203, 219; 29 Georgia, 607. Code, section 4256, says: “ Malice shall be implied where no considerable provocation appears.” And section 4259, in defining voluntary manslaughter, declares: “ Provocation by words, threats, menaces, or contemptuous gestures shall, in no case, be sufficient to free the person killing from the guilt and the crime of murder.” The law demands some actual assault, or an attempt to commit a serious personal injury, or other equivalent circumstances; and such equivalent circumstances must, in effect, be equal to an assault, or an attempt to commit a serious personal injury. For the same section declares provocation by words, threats, menaces, or contemptuous gestures not to be equivalent; for these, in no case, shall be sufficient to reduce the killing from the guilt and crime of murder. In the case of Mitchell decided at this term, this Court held, that newspaper articles, though slanderous, and scattered through every household, were insufficient to justify an assault and battery; and, upon like reasoning, abusive words would not justify a homicide, but, under the facts in this case, the abusive language came from the prisoner, and, from the proof, no answer was made by the deceased. We have already held that his acts did not
4. And, being satisfied with the verdict upon the facts, we affirm the judgment.
Judgment affirmed.