152 Ga. 457 | Ga. | 1921
George Johnson and John Johnson were jointly indicted and tried for the murder of one James Small. The jury trying the case returned a verdict of guilty, with a recommendation to the mercy of the court. John Johnson made a motion for new trial, which was overruled, and he excepted.
What is said above is necessarily true in view of the nature of the issues made in the case. If it is kept in mind .that there is no question that John and George both admitted that they went to the house of the decedent; that George shot and killed him; that John, the plaintiff in error here, accompanied George and was present, standing within a few steps of him when the shot was fired; that John’s defense, based upon his statement, was that he went, not as a participant in the criminal act or criminal design, but that ho went to the very'" place itself where the crime vas committed, for the purpose of dissuading and deterring the actual perpetrator from shooting the decedent, — it will be clear
What we have here said is applicable to the other grounds of the motion complaining of charges of the court.
Judgment affirmed.