BROWN v. STATE

40513.

109 Ga. App. 212 (1964)

135 S.E.2d 480

BROWN v. THE STATE.

Court of Appeals of Georgia.

Decided February 26, 1964.


Attorney(s) appearing for the Case

William Hall, for plaintiff in error.

William T. Boyd, Solicitor General, Carter Goode, J. Walter LeCraw, Assistant Solicitors General, contra.


RUSSELL, Judge.

1. Error is assigned in the first special ground of the motion for a new trial on the failure of the trial court to charge the jury that if they believed the accused stabbed the deceased, but had a reasonable doubt whether the stabbing produced his death, it would be their duty to acquit as to the offense of murder and then to consider whether the defendant was guilty of the lesser offense of unlawfully stabbing another. The evidence upon which this...

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