SUTTON v. STATE

19475.

212 Ga. 673 (1956)

95 S.E.2d 1

SUTTON v. THE STATE.

Supreme Court of Georgia.

Decided October 9, 1956.

Rehearing Denied October 29, 1956.


Attorney(s) appearing for the Case

Irwin R. Kimzey, James G. Hampton, Kimzey & Kimzey, for plaintiff in error.

Jeff C. Wayne, Solicitor-General, Sidney O. Smith, Jr., Eugene Cook, Attorney-General, Rubye G. Jackson, contra.


DUCKWORTH, Chief Justice.

J. L. Sutton, Jr., was indicted, tried, and convicted of murder with the jury recommending mercy. He subsequently filed a motion for new trial, which was later amended and, after a hearing, denied. A brief summary of the evidence shows that he shot and killed his brother-in-law, after an argument over the driving of the deceased while intoxicated, after they had returned to the home of the accused, where the deceased was living with the accused...

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