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34 Ga. App. 175

Whitaker v. State

Court of Appeals of Georgia

Decided June 20, 1925

Court of Appeals of Georgia · decided 1925-06-20

Cited by 3 later decisions — most recently October 1970

3 state decisions

Relies on Crawford v. State · 23 Ga. App. 667 - Luke v. Gilley

Good law ✅— No negative treatment on recordhow we know

Decided 1925-06-20

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Broyles, 0. J.

¶11. 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. •

¶22. “The court having fully instructed the jury upon the law of justifiable *176homicide, 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. ,

¶33. 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.

¶4Judgment affirmed.

Luhe and Bloodworth, JJ., eoncur.
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