Citation Numbers: 1 Ga. L. Rep. 108
Judges: Blandford, Hall, Jackson
Filed Date: 7/1/1885
Status: Precedential
Modified Date: 9/8/2022
1. On the trial of a person charged with stabbing another, not in his own defence, or under other circumstances of justification, it was error for the court to charge as follows : “If the evidence satisfies you that defendant gave the first insult and struck Jowers, the prosecutor, the first blow, the defendant cannot be justified for defending himself against the blows from Jowers with his fist by cutting Jowers, although you may believe at the time of the cutting there was inequality of strength or other circumstances of advantage in favor of Jowers and against defendant, unless the defendant had, in good faith, waived or endeavored to abandon the fight, or there was actual necessity to defend himself from serious injuryand also as follows : “If defen
2. Where the law fixes the punishment of an offence as a fine not to exceed one thousand dollars, a fine within that limit is within the ■discretion of the judge, and is not the subject of review.
Judgment reversed.