DAVIDSON v. STATE

36206.

93 Ga. App. 895 (1956)

93 S.E.2d 189

DAVIDSON v. THE STATE.

Court of Appeals of Georgia.

Decided May 16, 1956.


Attorney(s) appearing for the Case

Emory L. Rowland, Aretha M. Smith, for plaintiff in error.

W. W. Larsen, Solicitor-General, W. W. Larsen, Jr., contra.


TOWNSEND, J.

"The theory that he [the defendant] committed the offense through misfortune or accident was raised solely by his statement to the jury, and, therefore, under repeated decisions of the Supreme Court and of this court, the failure of the trial court to instruct the jury on that theory was not error in the absence of an appropriate written request." Tyler v. State, 42 Ga.App. 287 (1) (155 S. E. 786). See also Eich v. State, 169...

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