Hill v. State

Court of Appeals of Georgia

Hill v. State

215 S.E.2d 339, 134 Ga. App. 584, 1975 Ga. App. LEXIS 2092

CourtCourt of Appeals of Georgia

DecidedApril 18, 1975

Docket50506

StatusPublished

Cited by1 cases

This text of 215 S.E.2d 339 (Hill 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

Hill v. State, 215 S.E.2d 339, 134 Ga. App. 584, 1975 Ga. App. LEXIS 2092 (Ga. Ct. App. 1975).

Pincite

Opinion

Deen, Presiding Judge.

1. The defendant was indicted for murder and convicted of voluntary manslaughter. Evidence of a continued quarrel: That the deceased had hit the defendant, the defendant had cursed and ejected him, the deceased again attempted to enter the house, the defendant procured a knife, and stabbed him, causing his death, posed a jury question as to whether the killing was unjustified, in the heat of passion, and lacking in malice. Cf. Banks v. State, 227 Ga. 578 (182 SE2d 106).

2. Nor did the court err in failing to charge the lesser offense of involuntary manslaughter. A knife, capable of and used in a manner to produce death is a deadly weapon, and when it is so used in a heat of passion and death ensues, the crime is voluntary manslaughter and failure to charge the lesser offense is not error. Harris v. State, 75 Ga. App. 199 (2) (43 SE2d 110).

Judgment affirmed.

Evans and Stolz, JJ., concur.

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