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151 Ga. 434

Evans v. State

Supreme Court of Georgia

Decided April 14, 1921

Supreme Court of Georgia · decided 1921-04-14

<p>Indictment for murder. Before Judge Thomas. Thomas superior court. February 10, 1921.</p>

Relies on Felder v. State

Decided 1921-04-14

Gilbert, J.

¶11. There was no evidence in the case requiring or authorizing a charge upon the subject of voluntary manslaughter, and the failure of the court to charge upon that subject was not error.

¶22. Even if the statement of the accused authorized a charge upon the ' subject of voluntary manslaughter, there was no request in writing to so charge; and in the absence of a written request -the court was not bound to present a theory of the case based solely upon the statement. Felder v. State, 149 Ga. 538 (101 S. E. 179).

¶33. The verdict is supported by • evidence; and this ' is conceded in the’ brief of the plaintiff in error. The court did not err in overruling the motion for a new trial.

¶4 Judgment affirmed.

All the Justices concurs
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