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24 Ga. App. 700

Evans v. State

Court of Appeals of Georgia

Decided January 27, 1920

Court of Appeals of Georgia · decided 1920-01-27

<p>Indictment for assault witb intent to murder; from Gordon superior court—Judge Tarver. September 27, 1919.</p>

Relies on 13 Ga. App. 180 - Surrency v. Glennville Supply Co. · 23 Ga. App. 541 - Smith v. State

Decided 1920-01-27

Luke, J.

¶11. “Where the court gives in charge to the jury the principles of law with respect to the right of a'slayer to kill in order to prevent the commission of a felony, the failure to define the term' ‘felony,’ as used in such charge, in the absence of a request to give such definition, is not error requiring a new trial.” See Faison v. State, 13 Ga. App. 180 (3) (79 S. E. 39), and cit.; Smith v. State, 23 Ga. App. 541 (4) (99 S. E. 142).

¶22. The charge of the court wasjfull and fair and stated the contentions of the parties clearly, and, if the defendant desired more specific instructions upon the issues raised by his statement, he should have made a timely written request therefor. The evidence authorized the verdict, and it was not error, for any reason assigned, to overrule the motion for a new trial.

¶3 Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.
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