McKINNON v. STATE

46402.

124 Ga. App. 821 (1971)

186 S.E.2d 315

McKINNON v. THE STATE.

Court of Appeals of Georgia.

Decided October 8, 1971.

Rehearing Denied November 12, 1971.


Attorney(s) appearing for the Case

J. Laddie Boatright, for appellant.

Dewey Hayes, District Attorney, for appellee.


JORDAN, Presiding Judge.

The defendant was tried for murder, convicted of voluntary manslaughter, and sentenced to 5 years in the penitentiary. An appeal was filed and the case is here for review. Held:

1. The trial judge in his instructions to the jury made the following statement: "I charge you that the law does not require one to retreat to avoid the commission of a felony upon his person, but he is justified under the law in using such force as...

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