32 S.E.2d 861 | Ga. Ct. App. | 1945
1. "A proper instruction on character should be given in every case where the accused puts his character in issue; but in the absence of a timely written request, an omission to give such a charge will not ordinarily require a new trial." Widner v. State,
2. The evidence authorized the verdict, and the judge did not err in overruling the motion for a new trial.
Where the defendant introduces evidence putting his character in issue, the general rule is that, in the absence of a proper written request to charge on the character of the accused, it is generally not cause for a new trial that no such charge was given. Widner v. State, supra. The defendant contends that a sodomy case, such as the instant case, where the defendant introduced one witness who testified as to his good character, falls within the same class of cases as does Seymour v.State,
If the testimony of the witness Hawkins was credible, and the jury were authorized to so find it, it showed that he was not an accomplice, and not being an accomplice, it was not necessary that his testimony be corroborated in order to support a conviction. The evidence authorized the verdict.
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.