Whitaker v. State

128 S.E. 585, 34 Ga. App. 175, 1925 Ga. App. LEXIS 119

Opinion

Broyles, 0. J.

1. Under repeated rulings of the Supreme Court and of this court, a ground of a motion for a new trial, complaining of alleged errors in the charge of the court upon the law of murder, is without merit, where the accused was convicted of a lesser offense. Under this ruling and the facts of the instant case, there is no merit in grounds 1, 2, 3, 4, 5, and 9 of the amendment to the motion for a new trial. •

2. “The court having fully instructed the jury upon the law of justifiable homicide, it was not error (especially in the absence of a timely and appropriate written request) to fail to give in charge section 73 of the Penal Code.” Copeland v. State, 23 Ga. App. 667 (2) (99 S. E. 136) ; Crawford v. State, 149 Ga. 485 (3) (100 S. E. 633).

Decided June 20, 1925. B. G. Jenlcins, W. 0. Cooper Jr., for plaintiff nrerror. Joseph B. Dulce, solicitor-general, M. F. Adams, Clement & Campbell, contra. ,

3. The remaining special grounds of the motion for a new trial are without merit, and the verdict of voluntary manslaughter was amply authorized by the evidence.

Judgment affirmed.

Luhe and Bloodworth, JJ., eoncur.