Burton v. State

Court of Appeals of Georgia

Burton v. State

248 S.E.2d 168, 147 Ga. App. 92, 1978 Ga. App. LEXIS 2786

CourtCourt of Appeals of Georgia

DecidedSeptember 6, 1978

Docket55934

StatusPublished

Cited by1 cases

This text of 248 S.E.2d 168 (Burton 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

Burton v. State, 248 S.E.2d 168, 147 Ga. App. 92, 1978 Ga. App. LEXIS 2786 (Ga. Ct. App. 1978).

Pincite

Opinion

McMurray, Judge.

Defendant Willie Ora Burton appeals his conviction of voluntary manslaughter following his indictment and trial for the offense of murder. He contends the evidence presented at trial was insufficient to support his conviction, and the trial court erred in refusing his request that the jury be charged on involuntary manslaughter in the commission of a lawful act in an unlawful manner. Held:

1. A verdict supported by any evidence will not be disturbed. The state’s evidence was sufficient to authorize the verdict of guilty of voluntary manslaughter. Pinkney v. State, 144 Ga. App. 768 (1) (242 SE2d 364); Fulford v. State, 144 Ga. App. 546 (1) (241 SE2d 646).

2. The defendant’s evidence was that he was acting in self-defense. The trial court charged on the defense of justification, but there was no evidence consistent with defendant’s contention that the jury should be charged on involuntary manslaughter in the commission of a lawful act in an unlawful manner, and the trial court did not err in refusing to instruct the jury on this offense. Hudson v. State, 240 Ga. 70, 73 (2) (239 SE2d 330).

Judgment affirmed.

Quillian, P. J., and Webb, J., concur.

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