83 Ga. 744 | Ga. | 1889
1. If the evidence of the prosecutor was true, there can be no possible doubt of the correctness of the verdict ; and that the jury believed it true is equally certain, from the fact that they rendered a verdict based upon it. This disposes of the case upon its actual merits. None of the errors of the court complained of could have misled the jury if the prosecutor was a truthful witness; and, with or without errors, the jury could not have reached a verdict of guilty had they doubted the truth of his testimony.
2. The charge of the court complained of in the 6th ground of the motion for a new trial must be read in the light of that testimony, this charge being: “If you believe the prosecutor caught the defendant and his wife under such circumstances as led him to believe that they had just been in the act of cohabitation or were about to cohabit with each other, then the prosecutor had the right to protect his marital rights; and if in pursuance of such an object he assaulted the defendant, and the defendant shot at him with the intention to kill him, then the defendant is guilty of assault with intent to murder.” There was no evidence save that of the prosecutor which tended to show that the defendant and the prosecutor’s wife were caught under circumstances calculated to induce the belief that they had just been in the act of cohabitation or were about
Judgment affirmed.