18 Ga. App. 759 | Ga. Ct. App. | 1916
The only headnote -which requires elaboration is the 7th. The defendant, while in his own house, shot and killed his father-in-law, who was standing a short distance outside. There had been a previous difficulty between the defendant and the deceased, a short time before the killing, and the deceased then abused and cursed the defendant and drove him into the defendant’s own house at the point of a gun, threatening to kill him. The deceased returned later to the home of the defendant, and was ordered by the latter to go away, and to “stop, stay out of my yard,” and the deceased replied, with an oath, that he had come to kill the defendant, and was going to kill him, and approached the house, and the defendant thereupon fired upon the, deceased and killed him. The deceased on this occasion had no weapon with him. The defendant stated that it was dark and he could no£; s'ee whether the deceased was armed, but believed that he was, and killed him because he feared that the deceased was about to take his (the defendant’s) life. Under such a state of facts it was for
The verdict was authorized by the evidence, and there was no error in refusing to grant a new trial. Judgment affirmed.