GA 2.10.42 Provocation by Words Alone

GA 2.10.42 Provocation by Words Alone

State: Georgia

 

GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I., Updated 2010)

GA  2.10.42  Provocation by Words Alone

Provocation by words alone will, in no case, justify such excitement of passion sufficient to free the accused from the crime of murder or to reduce the offense to manslaughter when the killing is done solely in resentment of such provoking words.

Words accompanied by menaces, though the menaces do not amount to an actual assault, may in some instances be sufficient provocation to excite a sudden, violent, and irresistible passion in a reasonable person, and if a person acts from such passion (and not from malice) or any spirit of revenge, then such would constitute voluntary manslaughter.  In all cases, the motive is for determination by the jury.

By | 2013-01-14T17:51:27+00:00 January 14th, 2013|Comments Off on GA 2.10.42 Provocation by Words Alone