BIRDSONG v. STATE

53023.

140 Ga. App. 719 (1976)

231 S.E.2d 813

BIRDSONG v. THE STATE.

Court of Appeals of Georgia.

Decided November 10, 1976.

Rehearing Denied December 8, 1976.


Attorney(s) appearing for the Case

Conger & Conger, J. Willis Conger, Peter Z. Geer, for appellant.

A. Wallace Cato, District Attorney, for appellee.


CLARK, Judge.

Defendant, indicted and tried for murder of her husband's innamorata, was convicted of voluntary manslaughter. Appellant asserts the trial court erred in charging the jury on the lesser included offense of voluntary manslaughter. Held:

"On the trial of a murder case, if there be any evidence, however slight, as to whether the offense is murder or voluntary manslaughter, instruction as to the law of both offenses should be given the jury...

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