CARTER v. STATE

35699.

92 Ga. App. 68 (1955)

87 S.E.2d 655

CARTER v. THE STATE.

Court of Appeals of Georgia.

Decided May 20, 1955.


Attorney(s) appearing for the Case

Robert B. Williamson, for plaintiff in error.

W. J. Forehand, Solicitor-General, contra.


TOWNSEND, J.

1. "In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit a serious personal injury on the person killing, or other equivalent circumstances to justify the excitement of passion and to exclude all idea of deliberation or malice, either express or implied. . . The killing must be the result of that sudden, violent impulse of passion supposed to be irresistible." Code...

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