185 Ga. 415 | Ga. | 1938
Lead Opinion
Arthur Perry and Arthur Mack were jointly in-dieted for murdér in the alleged killing of Charlie R. Helton. The defendants were tried separately, and each was convicted. Their motions for new trial were overruled, and each excepted. The evidence was substantially the same in each case, and the same questions are presented for decision, except that in Mack v. State, the case here under consideration, one additional question was raised.
In Perry v. State, ante, 408 (195 S. E. 175), the judgment refusing a new trial was reversed because of the court’s omission to instruct the jury on the law of voluntary manslaughter and of justifiable homicide. Eor the same reasons the judge erred in refusing a new trial in the instant case, the cases being substantially the same to this extent.
The additional question presented in the case of Mack is whether there was evidence to warrant a charge to the jury on the subject of conspiracy; the court having given a charge upon that
Eor the reason indicated in division 1, the judge erred in refusing a new trial.
Judgment reversed.
Concurrence Opinion
concurring specially. I concur in the judgment of reversal on the ground stated in the first division; but I am also of the opinion that the charge on conspiracy was erroneous, for the reason that there was no sufficient evidence to authorize it.
Dissenting Opinion
dissenting. I agree to the conclusion reached in paragraph 2 of the syllabus; but I dissent from the conclusion in paragraph 1, for the reasons stated in my dissent in Perry v. State, 185 Ga. 408 (195 S. E. 175).