Shirley v. State

2 Citing cases

  1. Harris v. State

    279 Ga. 304 (Ga. 2005)   Cited 46 times
    In Harris v. State, 279 Ga. 304, 612 S.E.2d 789 (2005), the defendant asserted that he previously had been shot, and that the effect of the shooting on his state of mind was important to his claims of justification and self-defense in his killing of the victim.

    The firearm possession required a consecutive five-year sentence. OCGA ยง 16-11-106 (b); see Shirley v. State, 260 Ga. App. 309, 310 ( 581 SE2d 320) (2003). As to the aggravated assault, the trial court was lenient in sentencing Harris to half of the time allowed by law.

  2. Millen v. State

    267 Ga. App. 879 (Ga. Ct. App. 2004)   Cited 11 times
    Finding that mutual-combat instruction was warranted given that there was evidence that defendant and victim had been fighting throughout evening; that defendant was armed; and that victim's son brought a rifle to the house before victim and son went upstairs to confront defendant

    (Emphasis supplied.) Spence v. State, 233 Ga. 527, 528 (1) ( 212 SE2d 357) (1975); see also Shirley v. State, 260 Ga. App. 309, 310-311 (1) ( 581 SE2d 320) (2003). Nevertheless, Millen argues that the language of the indictment necessitated such proof.