26 Ga. App. 185 | Ga. Ct. App. | 1921
1. Under the facts of this case the court did not err in charging on circumstantial evidence.
2. The judge did not express or intimate his opinion as to “what has or has not been proved, or as to the guilt of the accused, ” by instructing the jury that they “would be authorized to convict him whether such conviction depended upon direct or circumstantial evidence in the case, provided you are satisfied of his guilt beyond a reasonable doubt. ”
3. A correct principle of law is stated in the following excerpt from the charge: “In order to convict the defendant of the offense of assault with intent to murder, all the elements of murder would have to enter into the transaction except the death of the person alleged to have been assaulted, and therefore it becomes my duty to instruct you what constitutes murder under the laws of the State of Georgia. ”
5. There is no error in the excerpt from the charge quoted in the 4th ground of the amendment to the motion for a new trial.
6. Under the facts of this case the judge,’ in the absence of a proper and timely written request, did not err in failing to charge “the law of alibi. ” “ The evidence in support of the defense of alibi was not of such clear and strong probative value as to require from the court an instruction on the law of alibi, especially in the absence of a timely written request.” Paulk v. State, 8 Ga. App. 704 (2) (70 S. E. 50) ; Throckmorton v. State, 23 Ga. App. 112 (97 S. E. 664).
7. The evidence authorized the verdict.
Judgment affirmed.