146 Ga. App. 386 | Ga. Ct. App. | 1978
Defendant was indicted for the offense of murder, convicted of voluntary manslaughter, and sentenced to serve a term of 10 years. Defendant appeals. Held:
1. When the police were called to the home of the deceased by the defendant she admitted to the officer that she had shot her husband, contending that she did so because of undue harrassment. However, during the trial when she testified as a witness her testimony was that he attempted to force her to perform an unnatural sex act upon him which she refused to do and thereafter she obtained a shotgun; contending that she did not intend to use the gun on him, that she did not check it to see if it was loaded, nor did she know whether it was cocked; that he then attempted to assault her the second time, she did not
2. The defendant freely and voluntarily admitted that she had shot her husband. There was other evidence and testimony that her husband died of a shotgun wound. She admitted she shot him with a shotgun, albeit her contentions were that it was accidental and/or to defend herself from an unnatural sexual act. Consequently, the motion to dismiss at the close of the state’s evidence "for failure to prove a prima facie case of corpus delicti” is not well taken. There is no merit in this complaint.
3. Based upon the defendant’s own testimony as to the circumstances surrounding the shooting which
Judgment affirmed.