Britt v. State

Court of Appeals of Georgia

Britt v. State

190 S.E.2d 621, 126 Ga. App. 370, 1972 Ga. App. LEXIS 1152

CourtCourt of Appeals of Georgia

DecidedMay 25, 1972

Docket47193

StatusPublished

This text of 190 S.E.2d 621 (Britt 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.

Bluebook

Britt v. State, 190 S.E.2d 621, 126 Ga. App. 370, 1972 Ga. App. LEXIS 1152 (Ga. Ct. App. 1972).

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Opinion

Bell, Chief Judge.

The defendant was convicted of voluntary manslaughter. He enumerates as error the failure of the trial court to charge on self-defense and justifiable homicide. Held:

The victim, a woman, was shot by the defendant in the former’s bedroom with no one else present. The defendant testified in his own behalf, the substance of his testimony being that the shooting of the deceased was an accident. The trial court submitted instructions to the jurors on the theory of accident or misadventure. We have examined the transcript carefully and fail to find any evidence which would reasonably warrant an instruction on self-defense and justifiable homicide even with request. The defense offered was limited solely to a theory of accident. There was no error. See Black v. State, 32 Ga. App. 754 (124 SE 805).

Judgment affirmed.

Evans and Stolz, JJ., concur.

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Bell, Chief Judge.

The defendant was convicted of voluntary manslaughter. He enumerates as error the failure of the trial court to charge on self-defense and justifiable homicide. Held:

The victim, a woman, was shot by the defendant in the former’s bedroom with no one else present. The defendant testified in his own behalf, the substance of his testimony being that the shooting of the deceased was an accident. The trial court submitted instructions to the jurors on the theory of accident or misadventure. We have examined the transcript carefully and fail to find any evidence which would reasonably warrant an instruction on self-defense and justifiable homicide even with request. The defense offered was limited solely to a theory of accident. There was no error. See Black v. State, 32 Ga. App. 754 (124 SE 805).

Judgment affirmed.

Evans and Stolz, JJ., concur.

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Bluebook (online)

190 S.E.2d 621, 126 Ga. App. 370, 1972 Ga. App. LEXIS 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/britt-v-state-gactapp-1972.

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