GIBBS v. STATE

69101.

174 Ga. App. 19 (1985)

329 S.E.2d 224

GIBBS v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 20, 1985.


Attorney(s) appearing for the Case

Denmark Groover, Jr., for appellant.

Joseph H. Briley, District Attorney, Norman Miller, Assistant District Attorney, for appellee.


CARLEY, Judge.

Appellant was tried on an indictment charging him with the murder of his wife's paramour. The jury returned a verdict of guilty of voluntary manslaughter. Appellant appeals from the judgment of conviction and sentence entered on the jury verdict.

1. Appellant's sole enumeration of error concerns the giving of the following instruction to the jury: "[A]ny idea that a spouse is ever justified in taking the life of another — adulterous spouse...

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