75 Ga. 413 | Ga. | 1885
The plaintiff in error was indicted and found guilty of the murder of his wife, in the superior court of Upson county.
3. The evidence in the case established the guilt of the accused beyond any reasonable doubt. It is so strong and overwhelming that the jury would have had to stultify themselves to have rendered a different verdict than that found by them. This disposes of the first and second assignments of error.
2. The next assignment was that the court erred in permitting the clothing of the accused to be exhibited to the jury, upon the ground that he could not be compelled to furnish evidence against himself.
Art. 1, sec. 1, par. 6, of the constitution of this state (Code, section 4998), declares that “ no person shall be compelled to give testimony tending in any manner to
3. The next assignment of error is, that the court erred in not permitting the accused to prove that deceased had a violent temper; and his counsel cites and relies on the case of Monroe vs. The State, 5 Ga., 137. In that case, this court allowed evidence to be given to the jury that the deceased was a violent, rash and bloody-minded man, reckless of human life, but it is there said by the court, “As a general rule the slayer can derive no advantage from the character of the deceased for violence.” While it was considered by the court, under the circumstances of that casé, that the evidence was admissible, yet in the present case there is nothing to relieve the accused from the general rule laid down in that case, to-wit, that the accused can derive no advantage from the fact that the deceased was of a violent disposition.-
. After a deliberate and full consideration of this case, we think that the accused has had a fair and impartial trial, and that there were no errors of law committed by the court on the trial; so we affirm the judgment.
Judgment affirmed.