Evans v. State

Supreme Court of Georgia

Evans v. State

107 S.E. 38, 151 Ga. 434, 1921 Ga. LEXIS 277

CourtSupreme Court of Georgia

DecidedApril 14, 1921

DocketNo. 2479

StatusPublished

Cited by3 cases

This text of 107 S.E. 38 (Evans v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. State, 107 S.E. 38, 151 Ga. 434, 1921 Ga. LEXIS 277 (Ga. 1921).

Pincite

Opinion

Gilbert, J.

1. There was no evidence in the case requiring or authorizing a charge upon the subject of voluntary manslaughter, and the failure of the court to charge upon that subject was not error.

2. Even if the statement of the accused authorized a charge upon the ' subject of voluntary manslaughter, there was no request in writing to so charge; and in the absence of a written request -the court was not bound to present a theory of the case based solely upon the statement. Felder v. State, 149 Ga. 538 (101 S. E. 179).

3. The verdict is supported by • evidence; and this ' is conceded in the’ brief of the plaintiff in error. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concurs

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