Neal v. State

Supreme Court of Georgia

Neal v. State

106 S.E. 906, 151 Ga. 367, 1921 Ga. LEXIS 256

CourtSupreme Court of Georgia

DecidedApril 12, 1921

DocketNo. 2442

StatusPublished

Cited by2 cases

This text of 106 S.E. 906 (Neal 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

Neal v. State, 106 S.E. 906, 151 Ga. 367, 1921 Ga. LEXIS 256 (Ga. 1921).

Pincite

Opinion

Gilbert, J.

1. Where one who is'charged with the murder of his wife relies upon the defense of misfortune or accident, and the trial judge has'correctly given in charge to the jury the law on that subject, it is not error, in the absence of a written request so to do, for the court to fail to instruct the jury that if they believe the killing was an accident as contended for by the defendant in his statement, the jury should find a verdict of not guilty. Josey v. State, 137 Ga. 769 (3), 773 (74 S. E. 282); Jones v. State, 147 Ga. 356 (2), 357 (94 S. E. 248).

2. None of the excerpts from the charge of the eourt upon which error is assigned, when considered in connection with the charge in its entirety, were erroneous. Assignments of error on failures of the court to charge are without merit.

3. The verdict is supported by evidence. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concur.

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Gilbert, J.

1. Where one who is'charged with the murder of his wife relies upon the defense of misfortune or accident, and the trial judge has'correctly given in charge to the jury the law on that subject, it is not error, in the absence of a written request so to do, for the court to fail to instruct the jury that if they believe the killing was an accident as contended for by the defendant in his statement, the jury should find a verdict of not guilty. Josey v. State, 137 Ga. 769 (3), 773 (74 S. E. 282); Jones v. State, 147 Ga. 356 (2), 357 (94 S. E. 248).

2. None of the excerpts from the charge of the eourt upon which error is assigned, when considered in connection with the charge in its entirety, were erroneous. Assignments of error on failures of the court to charge are without merit.

3. The verdict is supported by evidence. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

106 S.E. 906, 151 Ga. 367, 1921 Ga. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neal-v-state-ga-1921.

Opinion

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