102 Ga. App. 511 | Ga. Ct. App. | 1960
The plaintiffs in error are brothers who were jointly indicted for the murder of James Anthony. They were tried together in the Superior Court of Wilkes County and were convicted of the offense of voluntary manslaughter. Motions for a new trial were filed on general grounds and later amended to add one special ground. After the hearing the trial court overruled the motions for a new trial, as amended, to which ruling the defendants except and assign same as error. Held:
1. Though the evidence is conflicting, the jury believed the account testified to by the State’s witnesses. There was sufficient evidence to authorize the conviction. Allen v. State, 20 Ga. App. 184 (92 S. E. 948); Williams v. State, 17 Ga. App. 724 (88 S. E. 215); Holifield v. State, 16 Ga. App. 250 (85 S. E. 81). See Adler v. Adler, 207 Ga. 394, 405 (61 S. E. 2d 824); Bibb Cigar & Candy Co. v. McSwain, 95 Ga. App. 659 (98 S. E. 2d 128).
2. The defendants complain of the court’s charge as follows: “If you think, gentlemen, that one was protecting the other as his brother and then he came to his rescue to help him, why, gentlemen, I charge you that neither of the defendants would be guilty. A person has a right to help his own brother in his own fight where he is justified in so doing under the evidence. All of those are questions entirely for you to decide, gentlemen, from the evidence in this case.” Tt
Judgments affirmed.
