12 Ga. App. 725 | Ga. Ct. App. | 1913
The accused was convicted of voluntary manslaughter, and his motion for a new trial was overruled. Besides the general grounds, the motion contains assignments of error upon the ground that the evidence did not authorize an instruction upon the law relating to voluntary manslaughter, and also a ground containing alleged newly discovered evidence. The evidence leaves in doubt the real cause of the difficulty. From a statement made by the deceased, which was introduced as a dying declaration, it appears that the accused was angered because of some previous difficulty which had taken place between the deceased and a brother of the accused. According to the evidence -for the State the homifide was murder; the deceased was walking along the road unarmed, the accused met him, and, without any circumstances of justification or mitigation, deliberately fired at him and killed him. According to the evidence for the defendant, the deceased came down the road with a pistol in his hand, met several persons and inquired if they had seen the accused, shortly afterward met the accused in the road, threw a rock and hit him on the shoulder with it, and, about the same time, shot at the accused twice; the accused then shot once, and the deceased then fired three more times. Previously to the killing the deceased told one of the witnesses that he had a pistol and that he was going to kill the accused with it, if it was the last thing that he did. Thereupon he left this witness, with the pistol in his hand and his coat swung over his arm. This conversation took place on the afternoon of the killing and some two or three miles from the place where the homicide occurred. In his statement at the trial the accused said that the deceased met him in the road and threw a rock and hit him with it, and then