129 Ga. 747 | Ga. | 1907
1. It was not reversible error for the court, in giving- to the jury a charge requested by defendant’s counsel, to state that it was given by request. The better practice, however, would be for the court, under such circumstances, to omit any reference to the fact that counsel had requested the charge. Comer v. Allen, 72 Ga. 1.
2. There being evidence from which the jury might have found that the. accused shot at Owens, but killed Robinson, it was not error for the court to charge as follows: “It would make no difference, gentlemen of the jury, whether the deceased was the man he really intended to kill or
3. The facts of the case authorizing such instruction, it was not error for the court to charge the jury thus: “Suppose he [defendant] had not intended to kill any specific member of that crowd that was standing there, if you find there was a crowd standing there, and he shot into that crowd and killed one of them, it would make no difference, because, in its jealous regard for human life, the law holds a man accountable for the result or consequence of his acts, provided he acts without justification, provocation, or mitigation. For instance, if a man feloniously, with reckless disregard for human life, takes a loaded weapon and deliberately points into a crowd and fires and kills a member of the crowd, why the law would hold him accountable for murder, independently of whether he intended to kill any individual member of that crowd or not.” Smith v. State, 124 Ga. 213 (52 S. E. 329).
4. The request to charge which the court refused was fully covered by the charge given, and a new trial will not be granted for a refusal to charge as requested. Battle v. State, 105 Ga. 703 (32 S. E. 160).
Judgment affirmed.