Grimes v. State

Supreme Court of Georgia

Grimes v. State

51 S.E. 721, 123 Ga. 754, 1905 Ga. LEXIS 592

CourtSupreme Court of Georgia

DecidedAugust 4, 1905

StatusPublished

Cited by4 cases

This text of 51 S.E. 721 (Grimes 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

Grimes v. State, 51 S.E. 721, 123 Ga. 754, 1905 Ga. LEXIS 592 (Ga. 1905).

Pincite

Opinion

Pish, P. J.

1. On the trial o£ one indicted for voluntary manslaughter, the evidence of the State’s witnesses, if believed, made out a case of murder, while the statement of the accused, if all of it were believed, showed the homicide to be justifiable; if, however, part of the statement were believed and the balance disbelieved, the offense committed was voluntary manslaughter. Held, that as the jury are free to give the prisoner’s statement such credence as they think proper and may therefore believe all or a part of it as they see fit, a charge on the law of voluntary manslaughter was proper, and that a verdict finding the accused guilty of that offense was not unwarranted.

2. A new trial will not be granted on account of newly discovered evidence which is merely of an impeaching character; nor on account of alleged newly discovered evidence of any kind, when movant’s counsel files no affidavit of his ignorance, before the verdict, of the existence of such evidence.

3. An exception to a correct charge on voluntary manslaughter was not well taken when the error assigned was that “the court should have gone further and submitted the question of involuntary manslaughter.”

i. The court did not err in charging the doctrine of reasonable fears as contained in the Penal Code, § 71. ' •

Judgment affirmed.

All the Justices concur, except Simmons, G. J., absent.

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

Pish, P. J.

1. On the trial o£ one indicted for voluntary manslaughter, the evidence of the State’s witnesses, if believed, made out a case of murder, while the statement of the accused, if all of it were believed, showed the homicide to be justifiable; if, however, part of the statement were believed and the balance disbelieved, the offense committed was voluntary manslaughter. Held, that as the jury are free to give the prisoner’s statement such credence as they think proper and may therefore believe all or a part of it as they see fit, a charge on the law of voluntary manslaughter was proper, and that a verdict finding the accused guilty of that offense was not unwarranted.

2. A new trial will not be granted on account of newly discovered evidence which is merely of an impeaching character; nor on account of alleged newly discovered evidence of any kind, when movant’s counsel files no affidavit of his ignorance, before the verdict, of the existence of such evidence.

3. An exception to a correct charge on voluntary manslaughter was not well taken when the error assigned was that “the court should have gone further and submitted the question of involuntary manslaughter.”

i. The court did not err in charging the doctrine of reasonable fears as contained in the Penal Code, § 71. ' •

Judgment affirmed.

All the Justices concur, except Simmons, G. J., absent.

Cite This Page — Counsel Stack

Bluebook (online)

51 S.E. 721, 123 Ga. 754, 1905 Ga. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimes-v-state-ga-1905.

Opinion

Related

Cite This Page — Counsel Stack