7 Ga. App. 24 | Ga. Ct. App. | 1909
Cain was indicted for murder, and on the trial was convicted of voluntary manslaughter. His motion for a new trial being overruled^ he brings error. The.main contention argued before us, although there are others in the brief, was, that the court erred in charging the law of voluntary manslaughter, as it was not applicable to the facts, and that the verdict of voluntary manslaughter is wholly without any evidence to support it.
It is well settled by repeated rulings of the Supreme Court and this court that on a trial for murder, if there is anything deducible from the evidence or the defendant’s statement that would tend to show manslaughter, voluntary or involuntary, it is the duty of the court to instruct the' jury fully on the law of manslaughter. Crawford v. State, 12 Ga. 142 (6); Jackson v. State, 76 Ga. 473; Wynne v. State, 56 Ga. 113; Bell v. State, 130 Ga. 865 (61 S. E. 996); Strickland v. State, 133 Ga. 76 (65 S. E. 148); Pyle v. State, 4 Ga. App. 811 (62 S. E. 540). In the Crawford case, supra, the court strongly expresses itself on the subject, as follows: “When a defendant is put upon trial for murder, and there is any doubt as to the grade of homicide of which he is guilty, it is the duty of the court clearly and distinctly to instruct the jury as to the law, defining the several grades of homicide as recognized by the Penal Code, and then leave it to.the jury to find from the evidence of whait particular grade he is guilty.” ' In Jackson v. State, supra, the court uses still stronger language, and holds that “where there is evidence sufficient to raise a doubt, however slight, upon the point whether the case is murder or manslaughter, voluntary or involuntary the court should instruct the jury upon these grades of manslaughter as well as murder.”
If the theory of manslaughter is raised by the defendant’s statement alone, a charge on the law of manslaughter would be proper; and if timely requested, a refusal to so charge would be error.
The other assignments of error involve no questions of general interest, and are without merit. Judgment affirmed.