99 Ga. 197 | Ga. | 1896
1. In charging concerning that part of the law of self-defense which makes it justifiable to kill another who manifestly intends or endeavors to commit a felony on the slayer, flhe court should not in effect instruct the jury that if the homicide in question was committed in resistance to 'a felonious assault which was actually being made upon the ac
3. That the court, after properly charging the law with reference to the statement of the accused, added the following words, “It is your province to give such weight to the evidence and statement as you see proper, bearing in mind that defendant’s statement is not under oath, and sworn evidence is-under oath,” is not cause for a new trial, it appearing that this language was immediately followed by the additional instruction: “This distinction, however, will not control you in the consideration of the evidence or statement, they being entirely within your province.”
4. The knowledge or ignorance of the accused as to the whereabouts of the deceased at a particular moment being a matter of vital importance, it was error to reject evidence tending to show that the position of the accused in a room was such that he did not have a good opportunity for observing where the deceased actually was at the moment in question.
5. It is not now necessary to rule upon the various questions of practice, or other matters, to which many of -the grounds of the motion for a new trial relate, they being such as will not probably arise at the next hearing. Judgment reversed.