98 Ga. 127 | Ga. | 1896
The official report states the facts.
1. The defendant was indicted under the provisions of section 343 of the Penal Code, for the offense of pointing a gun at another. He undertook to justify by the introduction of evidence showing the use by the prosecutor to him, of him and in his presence, of opprobrious words; and the trial judge instructed the jury that the use of such language, however opprobrious, could not justify or excuse the pointing of a gun at another.
We know of no case within the provisions of our law in which the commission of a criminal offense can be justified by the proof of opprobrious words, except those of assault, and battery. By statute in this State it was early provided that in cases of simple assault or assault and battery, opprobrious words might be given in evidence to be considered by the jury, and upon which they might find a person indicted justifiable, provided the battery inflicted were not disproportioned to the provocation given. This right to> plead words in justification has never been extended, and, by the express- language of the statute authorizing their introduction in evidence, is limited to cases of assault and battery. While previous to the passage of the act embodied in section 343 of the Penal Code (to which we will presently refer) the pointing of a gun at another might, under some circumstances, have been classed as an assault, and justified by the use of opprobrious words, we think that in the passage of the act last referred to, it was the legislative purpose to create a new and distinct offense altogether, differing from the offense of assault, or assault and battery; for by that section it is provided that “Any person who shall inten
3. Complaint was further made that the jury found contrary to the following charge of the court: that “if the prosecutor was advancing upon the prisoner with a razor, intending to do the prisoner a violent injury, and the prisoner aimed or pointed the gun at him to deter him, then he would not be guilty.” This charge embodies the only substantial defense which the evidence presents in favor of the accused. lie got the benefit of the theory upon which this instruction was founded. The jury, however, did not find that theory supported by the evidence; and looking through the evidence in the case, we are fully persuaded that the jury reached a correct conclusion.
Judgment affirmed