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36 Ga. App. 652

Driggers v. State

Court of Appeals of Georgia

Decided April 12, 1927

Court of Appeals of Georgia · decided 1927-04-12

Relies on Wynne v. State · Jackson v. State · Crawford v. State

Decided 1927-04-12

Bloodworth, J.

¶1“It is well settled by repeated rulings of the Supreme Court and this court that on a trial for murder, if there is anything deducible from the evidence or the defendant’s statement that would tend to. show manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter. Crawford v. State, 12 Ga. 142 (6); Jackson v. State, 76 Ga. 473; Wayne v. State, 56 Ga. 113; Bell v. State, 130 Ga. 865 (61 S. E. 996); Strickland v. State, 133 Ga. 76 (65 S. E. 148); Pyle v. State, 4 Ga. App. 811 (62 S. E. 540).” Cain v. State, 7 Ga. App. 24 (65 S. E. 1069). In Griffin v. State, 18 Ga. App. 462 (89 S. E. 537), it was said: “If there be any, evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both of these offenses should be given. Jackson v. State, 76 Ga. 473, 478; Wayne v. State, 56 Ga. 113.” And “if there is anything deducible from the evidence or from the defendant’s statement at the trial, that would tend to shoiv manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter.”

¶2Tinder the ruling in the foregoing eases a verdict of voluntary manslaughter in this case was authorized.

¶3Judgment affirmed.

Broyles, C. J., and Luke, J., concur.
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