NEESMITH v. STATE

35830.

92 Ga. App. 632 (1955)

89 S.E.2d 559

NEESMITH v. THE STATE.

Court of Appeals of Georgia.

Decided September 28, 1955.


Attorney(s) appearing for the Case

J. Ellis Pope, Jackson & Graham, for plaintiff in error.

W. H. Lanier, Solicitor-General, Wm. J. Sharpe, contra.


GARDNER, P. J.

1. The evidence is sufficient to sustain the verdict.

2. Special ground 1 assigns error on the following excerpt from the charge of the court: "Manslaughter is the unlawful killing of a human creature without malice, either expressed or implied, and without any mixture of deliberation whatever which may be voluntary upon a sudden heat of passion, or involuntary in the commission of an unlawful act or lawful act without due caution and circumspection...

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