Wise v. State

Court of Appeals of Georgia

Wise v. State

28 S.E.2d 879, 70 Ga. App. 537, 1944 Ga. App. LEXIS 40

CourtCourt of Appeals of Georgia

DecidedFebruary 1, 1944

Docket30399.

StatusPublished

This text of 28 S.E.2d 879 (Wise 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

Wise v. State, 28 S.E.2d 879, 70 Ga. App. 537, 1944 Ga. App. LEXIS 40 (Ga. Ct. App. 1944).

Pincite

Opinion

Broyles, C. J.

The defendant was tried for .murder and convicted of voluntary manslaughter. The evidence connecting the accused with the • offense of manslaughter was not wholly circumstantial, and' therefore the failure of the court' to instruct the jury on the law of circumstantial evidence, in the absence of á written request for such' a" charge, was not error. ' The main defense’of the accused was an alibi. The court correctly charged the law' of alibi, and under the evidence sübmitted, the jury were authorized to find against that defense.

The verdict was authorized by the evidence. None of the special grounds of the motion for new trial show cause for another trial.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The defendant was tried for .murder and convicted of voluntary manslaughter. The evidence connecting the accused with the • offense of manslaughter was not wholly circumstantial, and' therefore the failure of the court' to instruct the jury on the law of circumstantial evidence, in the absence of á written request for such' a" charge, was not error. ' The main defense’of the accused was an alibi. The court correctly charged the law' of alibi, and under the evidence sübmitted, the jury were authorized to find against that defense.

The verdict was authorized by the evidence. None of the special grounds of the motion for new trial show cause for another trial.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

28 S.E.2d 879, 70 Ga. App. 537, 1944 Ga. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-state-gactapp-1944.