Thе defendant was convicted of murder in the alleged killing of his wife by shooting her with a pistol. His 'motion for а new trial was overruled, and he excepted. The evidence for the State tended to show that within a few hours after the
In thе first special ground the movant assigned error upon a portion of the court’s charge relating to voluntary manslaughter, the contention being that the charge was not warranted by the evidence. There is no merit in this ground. A correct charge on the law of manslaughter, even if not authorized by the evidence, is not cause for a nеw trial where the defendant is convicted of thе offense of murder. Rucker v. State, 135 Ga. 391 (
The movant assigned error оn the failure of the court to instruct the jury regarding thе defendant’s contention that he had taken veronal tablets before making the confessiоns and admissions as to killing his wife, and that because оf the hypnotic influence of these tablets hе was not responsible at the time of making such statements, and had no knowledge of having made thеm. This contention being presented solely by the dеfendant’s statement as made upon the trial, and there being no request to charge, the failurе of the court to instruct the jury concerning such сontention was not erroneous. Hunter v. State, 133 Ga. 78 (6) (
The court did nоt err, as contended, in excluding evidence tо the effect that on the day before the shоoting the defendant had endeavored to sеll a pistol to several persons at differеnt times and places. The evidence did not rеlate to any matter which constituted a pаrt of the res gestae, and was objectionаble as tending to show declarations which were merely self-serving. Sullivan v. State, 101 Ga. 800 (2) (
The evidence authorized the verdict. The court did not err in overruling the motion for new trial.
Judgment affirmed.