Driggers v. State

Court of Appeals of Georgia

Driggers v. State

137 S.E. 790, 36 Ga. App. 652, 1927 Ga. App. LEXIS 216

CourtCourt of Appeals of Georgia

DecidedApril 12, 1927

Docket17911

StatusPublished

This text of 137 S.E. 790 (Driggers 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

Driggers v. State, 137 S.E. 790, 36 Ga. App. 652, 1927 Ga. App. LEXIS 216 (Ga. Ct. App. 1927).

Pincite

Opinion

Bloodworth, J.

“It is well settled by repeated rulings of the Supreme Court and this court that on a trial for murder, if there is anything deducible from the evidence or the defendant’s statement that would tend to. show manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter. Crawford v. State, 12 Ga. 142 (6); Jackson v. State, 76 Ga. 473; Wayne v. State, 56 Ga. 113; Bell v. State, 130 Ga. 865 (61 S. E. 996); Strickland v. State, 133 Ga. 76 (65 S. E. 148); Pyle v. State, 4 Ga. App. 811 (62 S. E. 540).” Cain v. State, 7 Ga. App. 24 (65 S. E. 1069). In Griffin v. State, 18 Ga. App. 462 (89 S. E. 537), it was said: “If there be any, evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both of these offenses should be given. Jackson v. State, 76 Ga. 473, 478; Wayne v. State, 56 Ga. 113.” And “if there is anything deducible from the evidence or from the defendant’s statement at the trial, that would tend to shoiv manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter.”

Tinder the ruling in the foregoing eases a verdict of voluntary manslaughter in this case was authorized.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Bloodworth, J.

“It is well settled by repeated rulings of the Supreme Court and this court that on a trial for murder, if there is anything deducible from the evidence or the defendant’s statement that would tend to. show manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter. Crawford v. State, 12 Ga. 142 (6); Jackson v. State, 76 Ga. 473; Wayne v. State, 56 Ga. 113; Bell v. State, 130 Ga. 865 (61 S. E. 996); Strickland v. State, 133 Ga. 76 (65 S. E. 148); Pyle v. State, 4 Ga. App. 811 (62 S. E. 540).” Cain v. State, 7 Ga. App. 24 (65 S. E. 1069). In Griffin v. State, 18 Ga. App. 462 (89 S. E. 537), it was said: “If there be any, evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both of these offenses should be given. Jackson v. State, 76 Ga. 473, 478; Wayne v. State, 56 Ga. 113.” And “if there is anything deducible from the evidence or from the defendant’s statement at the trial, that would tend to shoiv manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter.”

Tinder the ruling in the foregoing eases a verdict of voluntary manslaughter in this case was authorized.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

137 S.E. 790, 36 Ga. App. 652, 1927 Ga. App. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driggers-v-state-gactapp-1927.

Opinion

Related

Cite This Page — Counsel Stack