Stewart v. State

87 S.E. 395, 144 Ga. 495, 1915 Ga. LEXIS 654

Opinion

Lumpkin, J.

1. There was no abuse of discretion in refusing to grant a new trial on the ground of newly discovered evidence.

2. The evidence involved the defense of voluntary manslaughter, and it was error not to charge on that subject.

3. The other grounds of the motion for new trial present no cause for reversal, especially in the light of the notes appended thereto by the presiding judge. Judgment reversed.

All the Justices concur.