Walker v. State

Court of Appeals of Georgia

Walker v. State

34 S.E.2d 644, 72 Ga. App. 642, 1945 Ga. App. LEXIS 662

CourtCourt of Appeals of Georgia

DecidedJune 29, 1945

Docket30907.

StatusPublished

This text of 34 S.E.2d 644 (Walker 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

Walker v. State, 34 S.E.2d 644, 72 Ga. App. 642, 1945 Ga. App. LEXIS 662 (Ga. Ct. App. 1945).

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Opinion

Gardner, J.

The defendant was convicted of voluntary manslaughter. There is no assignment of error as to the general grounds. Able counsel for the defendant states that the evidence is sufficient to sustain a verdict for either murder, manslaughter, or justification. In this we agree. There are three special grounds which assign error on certain excerpts from the charge of the court. If it may he conceded that some *643 of the verbiage in these excerpts is subject to criticism still they show no reversible error when viewed in the light of the charge as a whole. The charge as a whole is most fair to the defendant. We think it is an able charge as a whole, and instructed the jury painstakingly and clearly and fully on every phase of the law applicable to the case, tinder the facts. We see no good purpose in setting out the excerpts here, nor the charge of the court. We have given careful consideration to the assignments of error and think them without merit.

Decided June 29, 1945. J. W. Dennard, for plaintiff in error. Harvey L. Jay, solicitor-general, contra.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Gardner, J.

The defendant was convicted of voluntary manslaughter. There is no assignment of error as to the general grounds. Able counsel for the defendant states that the evidence is sufficient to sustain a verdict for either murder, manslaughter, or justification. In this we agree. There are three special grounds which assign error on certain excerpts from the charge of the court. If it may he conceded that some *643 of the verbiage in these excerpts is subject to criticism still they show no reversible error when viewed in the light of the charge as a whole. The charge as a whole is most fair to the defendant. We think it is an able charge as a whole, and instructed the jury painstakingly and clearly and fully on every phase of the law applicable to the case, tinder the facts. We see no good purpose in setting out the excerpts here, nor the charge of the court. We have given careful consideration to the assignments of error and think them without merit.

Decided June 29, 1945. J. W. Dennard, for plaintiff in error. Harvey L. Jay, solicitor-general, contra.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Bluebook (online)

34 S.E.2d 644, 72 Ga. App. 642, 1945 Ga. App. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-state-gactapp-1945.