37 S.E.2d 548 | Ga. Ct. App. | 1946
1. There being apparently no effort to brief the evidence in the case, and the paper filed as a brief of the evidence being apparently a full transcript of the stenographic report, containing all the questions to the witnesses and their answers, it is not in accordance with the requirements of § 70-305 of the Code.
2. Such a paper being brought to this court as a brief of evidence will not work a dismissal of the writ of error. But if no question can be determined without a consideration of the evidence, an affirmance will be the result. Crumbley v. Brook,
3. Special ground 3 of the motion for new trial is as follows: "The court erred in failing to fully give to the jury in charge the law of self-defense." Even if this exception was not dependent upon a consideration of the evidence, it is insufficient to present any question for the consideration of this record. "It is settled that a charge abstractly correct in itself is not erroneous merely because an additional instruction especially desired to fit the facts of a particular case is not added by the court ex mero motu, in the absence of a timely written request that the instruction be completed as desired." Brown v. State,
4. The other grounds of the motion for new trial can not be determined without a consideration of the evidence, and therefore an affirmance results.
Judgment affirmed. Broyles, C. J., and Gardner, J.,concur.
