ODOM v. STATE

39429.

106 Ga. App. 60 (1962)

126 S.E.2d 472

ODOM v. THE STATE.

Court of Appeals of Georgia.

Decided May 16, 1962.


Attorney(s) appearing for the Case

Aaron Kravitch, Thomas M. Odom, Sharpe & Sharpe, George Fryhofer, for plaintiff in error.

Cohen Anderson, Solicitor General, Howard & Hunter, Harry Hunter, contra.


FRANKUM, Judge.

"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." Code § 26-1007.

As stated by the Supreme Court in Mathis v. State, 196 Ga. 288,...

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