Smallwood v. State

Court of Appeals of Georgia

Smallwood v. State

87 S.E. 761, 17 Ga. App. 516, 1916 Ga. App. LEXIS 741

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1916

Docket7051

StatusPublished

Cited by1 cases

This text of 87 S.E. 761 (Smallwood 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

Smallwood v. State, 87 S.E. 761, 17 Ga. App. 516, 1916 Ga. App. LEXIS 741 (Ga. Ct. App. 1916).

Pincite

Opinion

Russell, C.’ J.,

1. The ground of the -motion for a new trial in which error is assigned upon the refusal of the court to grant a mistrial, being expressly disapproved by the trial judge, can not be considered by this court.

2, The jury is not required to accept the defendant’s statement at the trial in its entirety. They may believe a portion of it and discredit his remaining utterances. Thus construing the statement of the defendant in [517]*517this case, with some of the evidence, the trial judge properly instructed the jury upon the law of voluntary manslaughter.

Decided January 20, 1916.

Conviction of manslaughter; from Hall superior court — Judge J. B. Jones. October 30, 1915.

B. P. Qaillard Jr., Howard Thompson, Edgar B. Dunlap, John R. Cooper, for plaintiff in error. Robert McMillan, solicitor-general, W. B. Sloan, contra.

3. The requests for instructions, so far as pertinent, were correctly presented in the charge of the court.

4. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

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