128 Ga. 17 | Ga. | 1907
1. The court did not err in refusing to admit testimony in regard to the general character of the prisoner’s codefendant for desperation and violence, before there was any proof that the defendant had participated in the commission of the unlawful act with which he was charged, under duress resulting from any threat or menace upon the part of such codefendant, although the defendant relied upon the defense that he had acted under the influence of such duress upon the part of his codefendant as was developed in the statement of the accused, made after the evidence had been rejected.
2. Where evidence, at the time it is offered, is immaterial and irrelevant, and is excluded by the court for that reason, but becomes relevant and material in the light of subsequent developments in the ease, it should be reoffered by the party complaining of its exclusion; otherwise he will not be heard to complain that the testimony was repelled.
3. Error is assigned upon the following charge of the court: “I charge you that when a defendant is indicted and charged as a principal in the first degree, and the evidence during the trial of the case shows to the jury beyond a reasonable doubt that he is guilty as a principal in the second degree, the jury would be authorized to find him guilty, as charged in the indictment, of being a principal in the first degree. That is to say, an indictment charging one as a principal in the first degree is supported and sustained by evidence showing him, beyond a reasonable doubt, to be guilty as a principal in the second degree.” This was not an incorrect statement of the law, nor misleading. Leonard v. State, 77 Ga. 764; Collins v. State, 88 Ga. 347; Morgan v. State, 120 Ga. 294; Bradley v. State, post, 20.
4. If a deadly weapon be used in -a homicide, in the usual and natural manner in which such weapons are used, a presumption of intention to kill would arise; and it was not error to give a charge embodying that principle, where the evidence established the fact of the homicide and the use of a deadly weapon in the usual and natural manner in which its use would be fatal. Hanvey v. State, 68 Ga. 612.
5. While it may be the better practice in criminal cases not to charge the law of preponderance of evidence, still where it appears that this was done by way of illustration, and almost immediately afterwards the court gave the correct rule as to the weight of evidence and the degree of mental conviction required before the jury would be authorized to convict one accused of crime, no harm could have resulted to the defendant; and a new trial will’ not be granted on this ground. Williams v. State, 125 Ga. 302.
7. In passing’upon the ground of a motion for a new trial in a criminal case, based upon an alleged expression of opinion by one of the jurors before the trial, as to the guilt of the accused, the trial judge occupies •the place of a trior, and his finding that the juror was competent will ■not be reversed, unless, under all the facts, the discretion of the judge was manifestly abused., Jones v. State, 117 Ga. 710.
8. Ho errors of law harmful to the accused are made to appear in any «of the other portions of the charge excepted to. There was sufficient «evidence to support the verdict, and the judgment refusing a new trial is
Affirmed.