28 Ga. 199 | Ga. | 1859
By the Court.
delivering the opinion.
The defendant was indicted for the offence of murder, as principal in the second degree. The party charged as principal in the first degree has been tried and convicted of voluntary manslaughter. This plaintiff in error, on his trial, was convicted of voluntary manslaughter also. After his conviction, he moved, by bis counsel, for a now trial on twenty three grounds, all of which appear in the statement of the case hereto prefixed. The court below, after liearing argument on the motion, refused a new trial, and the plaintiff in error excepts to that judgment.
There is nothing in the evidence to authorize a charge of the court on the sixteenth section of the fourth division of the Penal Code; and the counsel for the plaintiff in error acquiesced in the omission if there was any. lie made no request of the court in regard to that matter.
The exception in the thirteenth ground in the motion has already been disposed of in considering the fourth ground.
Judgment affirmed.