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TATE v. STATE

45751.

123 Ga. App. 18 (1970)

179 S.E.2d 307

TATE v. THE STATE.

Court of Appeals of Georgia.

Decided November 25, 1970.

Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Stephen A. Land, Stanley P. Herndon, Tony H. Hight, for appellee.

JORDAN, Presiding Judge.

It is undisputed that the defendant, James Tate, shot and killed his common law wife, Mary Lee Rowe, in their home on January 31, 1970. Indicted and tried for murder, he appeals from a conviction and sentence for voluntary manslaughter. Held:

1. Where the sole factual basis for a killing in the heat of passion, to reduce the offense from murder to manslaughter, is dependent on the...

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