8 Ga. App. 382 | Ga. Ct. App. | 1910
If it were not for the faót that the defendant in his statement set up that the deceased had struck him with his policeman’s club but a few moments before, the verdict of voluntary manslaughter would hardly be supported by the evidence; it would probably be considered as one of those cases of murder or nothing, in which a compromise verdict would not be legally permissible. The jury, however, had the right to find that the defendant was aroused to anger by being beaten by the policeman with the club, both upon his head and upon his ribs, and that, while his passion’was thus aroused and before it had subsided, he got into possession of the gun and did the killing; and in this phase of the case the verdict of voluntary manslaughter can be upheld.
Taking the case as a whole, we find no such error 'as to require the grant-of a new trial. Judgment affirmed.