178 Ga. 772 | Ga. | 1934
The defendant was indicted, tried, and convicted of the offense of murder, and was sentenced to life imprisonment. His motion for a new trial was overruled, and he excepted.
1. The court did not err in refusing a request to charge the jury the law of voluntary manslaughter. Tlie request was incomplete in that it omitted some of the essential ingredients of that offense, and did not present the abstract law correctly. Moreover, the request was in the nature of an argument, and was calculated to mislead the jury-
3. One ground of the motion assigns error on the refusal of the court to charge the jury, according to a written request duly presented, on the subject of the ''inequality of the relative size of the defendant and the deceased.” In that ground the movant states that “the court covered in the general charge to the jury the substance of the request,” but insists that in other parts of the charge, not specified, the court detracted from that charge. The excerpt from the general charge on that subject is copied in the ground of the motion, and shows that the subject was fairly covered.
4. Movant complains that in the general charge the court instructed the jury that the law of voluntary manslaughter was not involved, and that the court would not instruct the jury on that subject. The criticism is that this instruction amounted to an expression of opinion as to what “had not been proved.” This ground of the motion is without merit. Godbee v. State, 141 Ga. 515 (8), 522 (81 S. E. 876).
5. Movant complains that the court erred in failing to instruct the jury on the law of circumstantial evidence, without a request. This ground is without merit. The verdict was not dependent entirely upon circumstantial evidence. In Butler v. State, 143 Ga. 484 (85 S. E. 340), it was ruled as follows: “Where a defendant is on trial for murder, and the State relies
6. The verdict is supported by evidence.
Judgment affirmed.