WALLER v. STATE

19704.

213 Ga. 291 (1957)

99 S.E.2d 113

WALLER v. THE STATE.

Supreme Court of Georgia.

Decided June 10, 1957.


Attorney(s) appearing for the Case

George Richard Jacob, for plaintiff in error.

John H. Land, Solicitor-General, Eugene Cook, Attorney-General. Rubye G. Jackson, contra.


HEAD, Justice.

1. Ground 1 of the amended motion for new trial asserts that the court erred in refusing the written request to charge as follows: "It can never be said that the death penalty is demanded by the evidence. After the offense of murder is established, it is solely within the province of the jury whether the accused shall be recommended to the mercy of the court. This discretion is not controlled by any rule of...

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