WHITAKER v. STATE

33734.

84 Ga. App. 781 (1951)

67 S.E.2d 396

WHITAKER v. THE STATE.

Court of Appeals of Georgia.

Decided October 25, 1951.


Attorney(s) appearing for the Case

Irwin L. Evans, T. A. Hutcheson, for plaintiff in error.

W. H. Lanier, Solicitor-General, Casey Thigpen, J. D. Godfrey, contra.


GARDNER, J.

1. The jury would have been authorized, under the evidence in this case, to find the defendant guilty of murder, but that verdict was not demanded.

2. We come next to consider whether the evidence is sufficient to sustain the verdict which the jury returned of voluntary manslaughter. We think it is. While the evidence is conflicting in some respects, it is our opinion that, under the facts, the jury were authorized to return a verdict of voluntary...

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