Beatty v. State

Court of Appeals of Georgia

Beatty v. State

187 S.E. 686, 54 Ga. App. 280, 1936 Ga. App. LEXIS 535

CourtCourt of Appeals of Georgia

DecidedSeptember 25, 1936

Docket25655

StatusPublished

Cited by4 cases

This text of 187 S.E. 686 (Beatty v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beatty v. State, 187 S.E. 686, 54 Ga. App. 280, 1936 Ga. App. LEXIS 535 (Ga. Ct. App. 1936).

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Opinion

Broyles, C. J.

1. It is well settled by numerous rulings of the Supreme Court and of this court that the law of voluntary manslaughter may properly be given in charge to the jury on the trial of one indicted for murder, where, from the evidence or from the defendant’s statement to the jury, there is anything deducible which would tend to show that he ’ was guilty of voluntary manslaughter, or which would be sufficient to raise a doubt as to whether the homicide was murder or voluntary manslaughter. Reeves v. State, 22 Ga. App. 629 (97 S. E. 115). It is likewise well settled that it is the prerogative of the jury to accept the defendant’s statement as a whole, or to reject it as a whole, to believe it in part or disbelieve it in part. In the exercise of this discretion they are unlimited. Brown v. State, 10 Ga. App. 50, 54, 55 (72 S. E. 537); May v. State, 24 Ga. App. 379, 382 (100 S. E. 797). Under the foregoing rulings and the facts of the instant case, the court, did not err in charging the law of voluntary manslaughter, or in charging on the subject of a mutual intent to fight.

2. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. A. H. Gray, for plaintiff in error. B. A. Patterson, solicitor-general, Hooper & Hooper, contra.

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Broyles, C. J.

1. It is well settled by numerous rulings of the Supreme Court and of this court that the law of voluntary manslaughter may properly be given in charge to the jury on the trial of one indicted for murder, where, from the evidence or from the defendant’s statement to the jury, there is anything deducible which would tend to show that he ’ was guilty of voluntary manslaughter, or which would be sufficient to raise a doubt as to whether the homicide was murder or voluntary manslaughter. Reeves v. State, 22 Ga. App. 629 (97 S. E. 115). It is likewise well settled that it is the prerogative of the jury to accept the defendant’s statement as a whole, or to reject it as a whole, to believe it in part or disbelieve it in part. In the exercise of this discretion they are unlimited. Brown v. State, 10 Ga. App. 50, 54, 55 (72 S. E. 537); May v. State, 24 Ga. App. 379, 382 (100 S. E. 797). Under the foregoing rulings and the facts of the instant case, the court, did not err in charging the law of voluntary manslaughter, or in charging on the subject of a mutual intent to fight.

2. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. A. H. Gray, for plaintiff in error. B. A. Patterson, solicitor-general, Hooper & Hooper, contra.

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187 S.E. 686, 54 Ga. App. 280, 1936 Ga. App. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beatty-v-state-gactapp-1936.

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