90 Ga. 310 | Ga. | 1892
In Doyal v. The State, 70 Ga. 147-149, this court recognized the doctrine that the character of the deceased for violence is admissible in evidence only where it is shown prima facie that the accused had been assailed and was honestly seeking to defend himself. In addi
2. We have already said there was no error in excluding the offered evidence to show the bad character of the deceased for violence. The material facts touching the homicide are indicated in the second head-note. Under these facts, how could bad character for violence afford any substantial aid to the jury in deciding whether the prisoner acted from malice or from a bona fide motive of self-preservation ? To ask the question is to answer it.
3. Nor was there anything in the case to fairly raise any question of manslaughter. Although the deceased desired and intended to make a deadly assault upon the accused, he had not actually made any; he was effectually prevented by a third person from so doing for the time being. While the preventive measures were in progress, and before they had failed of their purpose, the accused voluntarily ran up, shot the deceased, and
4-5. There was no error in ruling out the opinion of a witness as to what the deceased intended to do with the pistol, nor in overruling the motion for a new trial.
Judgment affirmed.