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WILKERSON v. STATE

36696.

95 Ga. App. 756 (1957)

98 S.E.2d 587

WILKERSON v. THE STATE.

Court of Appeals of Georgia.

Decided May 17, 1957.

Attorney(s) appearing for the Case

Rountree & Rountree, Price, Spivey & Carlton, for plaintiff in error.

W. H. Lanier, Solicitor-General, J. W. Claxton, contra.

TOWNSEND, J.

1. Special grounds 1 and 3 of the motion for new trial contend that the issue of voluntary manslaughter is not in the case. In this connection Code § 26-1007 provides as follows: "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...

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