171 Ga. 200 | Ga. | 1930
Fred Holleman was indicted for the offense of murder, it being charged that he did kill and murder John Lee Ruff. Several eye-witnesses testified to the fact of the shooting which resulted in the homicide. The jury on the trial, after evidence submitted and the charge of the court, returned a verdict of guilty, without a recommendation. The defendant made a motion for a new trial, which was overruled, and he excepted. The original motion in this case contains the usual general grounds. To these were added, by amendment, other grounds. The references to the grounds containing the various assignments of error are to those grounds contained in the amendment as they there appear numbered.
In the first ground error is assigned upon the following charge of the court: “I charge you that if you believe beyond a reasonable doubt that this defendant, at any time prior to the date of the finding and returning of this bill of indictment into court by the grand jury, did kill the person named in the indictment, in the manner charged, by the use of a weapon as charged, and that the weapon used at the time was a weapon likely to kill, and you should further believe that at the time of the killing this defendant was in no danger whatever from the person killed, thathe person killed was not committing any assault upon him. whatsoever, that the circumstances were not sufficient to excite the fears of a reasonable man that the deceased either intended or endeavored, or was about to commit a serious personal injury upon the person of the defendant, but the killing was without justification or mitigation, and if you believe all this beyond doubt, then in that event you would be authorized to find the defendant guilty, and the form of your verdict would be: ‘We, the jury, find the defendant guilty of murder.’” This charge was error, in view of the evidence and the contentions of the State and the defendant. That was no contention on the part of the defendant that Ruff was committing or attempting to commit any assault whatever upon the defendant at the timé of the killing, or at any' time prior
The rulings stated in headnotes 2 to 8, inclusive, require no elaboration.
Judgment reversed.