Home/Supreme Court of Georgia/Scott v. State

Scott v. State

73 S.E. 575, 137 Ga. 337, 1912 Ga. LEXIS 11
CourtSupreme Court of Georgia
DecidedJanuary 9, 1912
StatusPublished
Cited by27 cases

This text of 73 S.E. 575 (Scott 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
Scott v. State, 73 S.E. 575, 137 Ga. 337, 1912 Ga. LEXIS 11 (Ga. 1912).

Opinion

Evans, P. J.

1. Where counsel appointed to defend one accused of crime are in consultation with their client and are requested by the court to proceed with the case, and such counsel proceed with the trial of the case without requesting further time for the preparation of their client’s case, it is too late to complain after the trial that sufficient time was not allowed for preparation for trial.

2. The facts of the case did not authorize a charge on the law of voluntary manslaughter.

3. While the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by-the jury in connection with all the other evidence in the case, still such good character of the accused is not a distinct substantive defense. A proper instruction should be given in every case where the. accused puts his character in issue; but in the absence of a timely request, an omission to give a specific charge on the subject will not require a new trial. It is only in exceptional eases where the court fails to charge relatively to the good character of the accused that a new trial should be granted. Seymour v. State, 102 Ga. 803 (30 S. E. 263). This case falls within the general rule, and not within the exception.

4. The failure of the court to give 4n charge the legal definition of the term “felony,” appearing in the Penal Code, § 70, which section was given in charge, was not such errdr as requires a new trial. Pickens v. State, 132 Ga. 46 (63 S. E. 783).

[338]*338January 9, 1912. Indictment fóí murder. Before Judge Walker. Warren superior court. November 16, 1911. L. D. McGregor and M. E. Evans, for plaintiff in error. T. 8. Felder, attorney-general, and T. J. Brown, solicitor-general, contra.

o. There was no error in the charge on the law of justifiable homicide. The evidence warranted the verdict, and no error appears requiring the grant of a new trial.

Judgment affirmed.

All the Justices concur.

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

Related

Bruce v. State
382 S.E.2d 367 (Court of Appeals of Georgia, 1989)
Braddy v. State
323 S.E.2d 219 (Court of Appeals of Georgia, 1984)
Riceman v. State
305 S.E.2d 595 (Court of Appeals of Georgia, 1983)
Smith v. State
268 S.E.2d 714 (Court of Appeals of Georgia, 1980)
Keller v. State
265 S.E.2d 813 (Supreme Court of Georgia, 1980)
Whitten v. State
240 S.E.2d 107 (Court of Appeals of Georgia, 1977)
David v. State
238 S.E.2d 557 (Court of Appeals of Georgia, 1977)
Spear v. State
195 S.E.2d 397 (Supreme Court of Georgia, 1973)
Wright v. State
92 S.E.2d 229 (Court of Appeals of Georgia, 1956)
Richmond v. State
80 S.E.2d 178 (Supreme Court of Georgia, 1954)
Breedlove v. State
66 S.E.2d 409 (Court of Appeals of Georgia, 1951)
Taylor v. State
64 S.E.2d 598 (Court of Appeals of Georgia, 1951)
Knighton v. State
32 S.E.2d 861 (Court of Appeals of Georgia, 1945)
Widner v. State
30 S.E.2d 97 (Supreme Court of Georgia, 1944)
Eidson v. State
19 S.E.2d 373 (Court of Appeals of Georgia, 1942)
Paul v. State
199 S.E. 206 (Supreme Court of Georgia, 1938)
Jackson v. State
159 S.E. 138 (Court of Appeals of Georgia, 1931)
Greer v. State
125 S.E. 52 (Supreme Court of Georgia, 1924)
Rantley v. State
154 Ga. 80 (Supreme Court of Georgia, 1922)
State v. Rader
186 P. 79 (Oregon Supreme Court, 1919)

Cite This Page — Counsel Stack

Bluebook (online)
73 S.E. 575, 137 Ga. 337, 1912 Ga. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-ga-1912.