FAUST v. STATE

17437.

208 Ga. 53 (1951)

65 S.E.2d 148

FAUST v. THE STATE.

Supreme Court of Georgia.

Decided May 14, 1951.


Attorney(s) appearing for the Case

Swift Tyler, Wilbur B. Nall, and Marvin O'Neal Jr., for plaintiff in error.

Eugene Cook, Attorney-General, Paul Webb, Solicitor-General, Frank S. French, Lay Milam, Charlie O. Murphy, and J. R. Parham, Assistant Attorney-General, contra.


DUCKWORTH, Chief Justice.

The special ground of the motion for new trial complains solely because of the failure to charge voluntary manslaughter as defined in Code § 26-1007. The State's attorneys contend that, if voluntary manslaughter is involved, it was injected into the case solely by the statement of the accused upon the trial and, as repeatedly held by this court, the judge was not required to charge thereon in the absence of a timely request so to do...

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