DURHAM v. STATE

48080.

129 Ga. App. 5 (1973)

198 S.E.2d 387

DURHAM v. THE STATE.

Court of Appeals of Georgia.

Decided April 25, 1973.


Attorney(s) appearing for the Case

Smith & Harrington, Will Ed Smith, for appellant.

Albert D. Mullis, District Attorney, for appellee.


STOLZ, Judge.

The defendant appeals from his conviction and sentence for voluntary manslaughter. Held:

1. The evidence, although circumstantial, authorized the verdict, since it showed that the defendant and the decedent were alone engaging in a fight immediately before the decedent fell down, fatally stabbed in the heart with a knife.

2. The trial judge did not abuse his discretion in permitting the sheriff, who was also a state's witness,...

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