11 S.E.2d 186 | Ga. | 1940
1. Where there was no evidence requiring or authorizing a charge upon the subject of voluntary manslaughter, it was not error for the court to omit to charge on this subject, even though the statement of the accused authorized such a charge, there being no request in writing so to charge. The omission, without request, to charge the jury on a theory which finds support only in the prisoner's statement at the trial is not erroneous. Felder v. State,
2. The evidence fully authorized the verdict, and the court did not err in refusing a new trial.
Judgment affirmed. All the Justicesconcur.
The defendant offered no evidence. He made the following statement: *46 "Gentlemen of the jury, the morning that Irene sent for me I was on the job, and she sent a kid. I forget the kid's name. I just would know him if I see him. And so when I first went there she asked me to give her a half pint of whisky, and I give her one, and then I walked back to the corner, and she sent for me again, and when I went back down there Irene and this here Joe Sims jumps up from the table, both of them, and both were cussing, and then that is when I outs with the pistol and shot. I forgot to tell about the weapons and knives and things. One of them had a knife, and Joe Sims had his hand in his hip-pocket, and that is when I shot. He come from around the table this way, and she come around from towards the fireplace, and that is when I shot. That is all I want to say."