McDANIEL v. STATE

18226.

209 Ga. 827 (1953)

76 S.E.2d 500

McDANIEL v. THE STATE.

Supreme Court of Georgia.

Decided June 10, 1953.


Attorney(s) appearing for the Case

S. B. Lippitt, Preston Clayton and Sam LeMaistre, for plaintiff in error.

R. A. Patterson, Solicitor-General, Joe M. Ray, Eugene Cook, Attorney-General and Rubye G. Jackson, contra.


HEAD, Justice.

1. The first ground of the amended motion for new trial (4-a) asserted that the trial court erred in failing to charge the jury the law of voluntary manslaughter as contained in the Code, § 26-1007.

The State insists that under the State's evidence the accused is guilty of murder, and that under the defendant's statement, the killing was justifiable homicide, and that the law of voluntary manslaughter was not, therefore, involved. Where...

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