93 Ga. 446 | Ga. | 1894
Judgment affirmed.
Robert Heath was indicted for the murder of William Taylor, and was found guilty of voluntary manslaughter. He moved for a new trial, and the motion was overruled. The following appears from the evidence: Taylor’s wife and the wife of William Heath are sisters, and daughters of Thomas Poole. William Heath is the father of the defendant, and at the' time of the killing was the executor of the will of Poole, whereby thirty acres of land had been given to defendant’s wife. William Heath procured one Halstead to go with him for the purpose of measuring off that quantity of land. They went to Taylor’s house to get him to go with them, and not finding him, went and commenced to take measurements. While they were so engaged, Taylor
The motion for new trial alleges that the verdict is
The court charged the jury as follows: “Now look to the evidence in this case, and determine from the facts and the law I give you in charge, whether or not the prisoner at the bar is guilty of the offence of voluntary manslaughter. If he struck the deceased, William Taylor, with a long-handled shovel as charged in the bill of indictment, under a sudden heat of passion, which passion was aroused by an actual assault made upon him or by an attempt on the part of William Taylor to commit a serious personal injury upon him, or if there were other equivalent circumstances sufficient to justify the excitement of passion and to exclude all idea of deliberation or malice, either express or implied, circumstances which created in the defendant the same state of mind as an actual assault upon him or an ■attempt- to commit a serious personal injury upon him