103 Ga. 53 | Ga. | 1897
The second proposition in the request to charge should not have been given, because it was not warranted by the evidence in the case. The evidence shows that, at the time the wound from which the deceased .died was inflicted, the parties were engaged in a rencounter, and there was no attempt at that time by the deceased to commit a felony upon the property of the accused.
The third and last proposition should not have been given, under the facts of this case. The plaintiff in error was not injured by the refusal of the judge to give it. The verdict in this case is voluntary manslaughter; and therefore there is no just ground of complaint that the court refused to give a proposition of law in charge which would reduce the offense from murder to manslaughter, even if it was not, as we think here it was, covered in the general charge. Aside from these considerations, the charge requested was not, as a
The jury passed upon this case, we have no doubt, in a careful and discriminating manner; the evidence in the record supports their finding, and we will not set it aside. The judgment of the court below overruling the .motion for a new trial is Affirmed.