158 Ga. 137 | Ga. | 1924
Lead Opinion
J. W. Minter was convicted of the murder of Millard Trouton; and there being no recommendation made by the jury returning the verdict of guilty, he was sentenced to be hanged. He made a motion for a new trial, which was overruled,' and he excepted.
Judgment affirmed.
Dissenting Opinion
dissenting. Except as expressed in the note by the judge as quoted in the first division of the majority opinion, the judge approved all the grounds of the motion for a new trial, without qualification. The sixth and seventh grounds of the motion for a new trial relate to failure to instruct on the law of justifiable homicide, and make no reference to voluntary manslaughter. The record brought to this court does not show any “page 74 of the brief of evidence,” and it is impossible to tell to what the court alluded by use of the foregoing quoted words. The note by the judge should not be con- ' strued as certifying that the attorney for the defendant requested the judge, not to charge the law of voluntary manslaughter or otherwise induced him not to charge on that subject. The facts as to the conduct of the attorney do not bring the case within the ruling in Threlkeld v. State, 128 Ga. 660, cited by the majority. The evidence as to incriminatory statements of the defendant did not show justifiable homicide, but were sufficient to show voluntary manslaughter. It was the duty of the judge, without any request, to charge the law on that subject. The decision in the case of Hill v. State, 147 Ga. 650 (95 S. E. 213), by five Justices, stated a sound principle of law that is applicable to the facts of this ease. It was there said: “One ground of the motion for a