152 Ga. 252 | Ga. | 1921
1. It is not a good assignment of error on a portion of the judge’s charge which states a correct principle of law applicable to the case, that some other correct and appropriate instruction was not given. Harvey v. State, 121 Ga. 590 (2) (49 S. E. 674); Howell v. State, 124 Ga. 698 (2) (52 S. E. 649); Nail v. State, 125 Ga. 234 (2) (54 S. E. 145); Powers v. State, 138 Ga. 624 (4) (75 S. E. 651); Hicks v. State, 146 Ga. 221 (6) (91 S. E. 57); Holston National Bank v. Howard, 148 Ga. 767 (98 S. E. 269); Johnson v. State, 150 Ga. 67 (3 a) (102 S. E. 439). Under application of the principle stated above, the criticisms on the charge made in the first, fifth, and sixth grounds of the motion for new trial show no cause for reversal.
, true in view of the brief manner in which this branch of the law was presented and dismissed by the court. (2) This instruction omitted and failed to inform the jury ’that the defendant had a right to make a statement in this ease. (3) This charge failed to inform the jury that the statement of the defendant was a legal right which all defendants have in criminal cases. (4) The court also failed to instruct the jury that such statement ‘ shall not be under oath,’ and failed to instruct the jury it ‘ shall have such force only as the jury may think right to give it.’ Held, that, even if the assignment of error was good in form, none of the grounds of criticism of the charge were meritorious.
3. The evidence did not require a charge (1) on the law of misadventure or accident, (2) or on the law of involuntary manslaughter in the commission of an unlawful act.
4. The evidence was sufficient to support the .verdict finding the defendant guilty, and there was no error in refusing a new trial.
Judgment affirmed.