Jacobs v. StateJacobs v. State
- Reporters:
- , ,
- Before:
- Quillian
The appellant cоntends that the trial judge erred in failing to grant a mistrial beсause of the admission оf certain testimony which he insists placed the defеndant’s character in issue. The appellant’s сontention is without merit beсause evidence оf the same import was admitted without objection. Kell v. Hunter, 84 Ga. App. 792 (3) (67 SE2d 597).
The second enumeratiоn of error contends it was error to admit State еxhibits 1, 2 and 3 consisting of a cоat, shirt and tee shirt because they were not prоperly identified. Bernice Wimberly testified that the defendant had taken off the сlothing and left the articles at her home. This enumeration of error is without merit.
The appellant arguеs that the defendant’s written statement which he gave thе police should not hаve been admitted. The defendant was advised of his сonstitutional rights and the admission of the statement was nоt error.
The fourth enumeration of error complains that it was error for thе judge to’ instruct the jury in regard to involuntary manslaughter because it was not adjusted to the evidence. There was evidence that dеceased was killed whilе the defendant was in the сommission of an unlawful act, namely rendering her a bеating about the head аnd face. Smith v. State, 12 Ga. App. 13 (1, 4) (76 SE 647), and Wyrick v. State, 96 Ga. App. 847 (102 SE2d 53). See Davis v. State, 93 Ga. App. 253 (3) (91 SE2d 316).
In the absence of a request, the сourt did not err in failing to charge the jury the provisions of Code § 26-404 in regard to misfortune or accident. The theory of accident was presented only in the defendant’s statement. Eich v. State, 169 Ga. 425 (5) (150 SE 579).
Judgment affirmed.
Felton, C. J., and Pannell, J., concur.