92 Ga. 53 | Ga. | 1893
Henry Ramsey was convicted of the murder of Robert Y. Harris. A new trial was refused, and he excepted. The following appeared from the evidence: The deceased was the marshal of Summerville, the place of the homicide, and was killed while attempting to arrest the
Under this state of facts the jury -were clearly warranted in finding the defendant guilty of murder. At the time the deceased went to the house, the defendant was engaged in a violation of the public peace amounting to an offence against the laws of the State (Code, §4578); and it was the duty of the deceased, as a peace-officer, to arrest him. This he could do without a war
Whether there was such reasonable provocation as to justify the excitement of passion and reduce the homicide to manslaughter, would depend upon whether the force used by the officer was unnecessary or excessive, or not. This question the jury have passed upon, under the charge of the court, and their finding is sustained by the evidence. The law as to the different grades of homicide was fairly presented to the jury, and there is no error in the charge or in the refusal to charge as requested, which would require a new trial. It is unnecessary to deal specifically with the numerous assignments of error. Such of the questions presented as are not discussed m this opinion, are sufficiently dealt with in the head-notes. Judgment affirmed.