Shewmake v. State

Court of Appeals of Georgia

Shewmake v. State

30 S.E.2d 816, 71 Ga. App. 349, 1944 Ga. App. LEXIS 363

CourtCourt of Appeals of Georgia

DecidedJune 30, 1944

Docket30466.

StatusPublished

Cited by1 cases

This text of 30 S.E.2d 816 (Shewmake 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

Shewmake v. State, 30 S.E.2d 816, 71 Ga. App. 349, 1944 Ga. App. LEXIS 363 (Ga. Ct. App. 1944).

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Opinion

MacIntyre, J.

1. The only special ground of the motion for new trial contends that the court erred in failing to charge on the impeachment of witnesses. There was no request to charge, and the following rule is applicable: “In the absence of a timely written request the failure to charge upon the credibility of witnesses, the mode of impeachment, or the weight that should be given to the testimony of witnesses successfully impeached, will not be reversible error.” Smith v. State, 7 Ga. App. 710 (2) (67 S. E. 1048). See also Hunter v. State, 136 Ga. 103 (4) (70 S. E. 643); Washington v. State, 138 Ga. 370 (75 S. E. 253).

2. After a careful reading of the brief of evidence, it is clear that by taking that view of the evidence in the most favorable light to upholding the verdict of voluntary manslaughter, there was ample evidence to sustain the finding of the jury. Williams v. State, 68 Ga. App. 558, 559 (23 S. E. 2d, 205); Vandeviere v. State, 58 Ga. App. 18 (197 S. E. 338).

Judgment affirmed.

Broyles, O. J., and Gardner, J., concur.

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MacIntyre, J.

1. The only special ground of the motion for new trial contends that the court erred in failing to charge on the impeachment of witnesses. There was no request to charge, and the following rule is applicable: “In the absence of a timely written request the failure to charge upon the credibility of witnesses, the mode of impeachment, or the weight that should be given to the testimony of witnesses successfully impeached, will not be reversible error.” Smith v. State, 7 Ga. App. 710 (2) (67 S. E. 1048). See also Hunter v. State, 136 Ga. 103 (4) (70 S. E. 643); Washington v. State, 138 Ga. 370 (75 S. E. 253).

2. After a careful reading of the brief of evidence, it is clear that by taking that view of the evidence in the most favorable light to upholding the verdict of voluntary manslaughter, there was ample evidence to sustain the finding of the jury. Williams v. State, 68 Ga. App. 558, 559 (23 S. E. 2d, 205); Vandeviere v. State, 58 Ga. App. 18 (197 S. E. 338).

Judgment affirmed.

Broyles, O. J., and Gardner, J., concur.

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30 S.E.2d 816, 71 Ga. App. 349, 1944 Ga. App. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shewmake-v-state-gactapp-1944.

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