47 Ga. App. 1 | Ga. Ct. App. | 1933
This is a manslaughter case. The defense is that the accused shot the deceased to prevent a felonious assault by the deceased upon the person of the defendant’s sister, who was also the wife of the deceased. The charge complained of is as follows: “In addition to the law of self-defense, or justifiable homicide, and as a part of that defense, the defendant relies on sections 74 and 75 of the Penal Code, which read thus: Section 74 says ‘parents and children may mutually protect each other and justify the defense of the person or reputation of each other.’ In this case the defendant contends that he was justified in taking the life of the deceased to protect his sister from having her life taken by the deceased, or from having a felonious assault perpetrated upon her person. Section 75 says that all other instances which stand upon the same footing and justice as those enumerated shall be justifiable; that is
It can readily be seen that the court fully and clearly gave to the jury the correct principles for them to apply in making their verdict, and rendered harmless the inapt language complained of. Able counsel for the plaintiff in error make the point that the entire charge subsequent to the statement complained of is made dependent on "the opinion of the jury” as to whether this brother had the right to defend his sister. We can not agree to this. The subsequent charge makes clear that the brother has this right as a matter of law, and rt does not leave its application to the "opinion of the jury,” as contended by counsel for the plaintiff in error. See Mosley v. State, 11 Ga. App. 1 (74 S. E. 569). The evidence abundantly justifies, not to say demands, the verdict rendered. The court did not err in overruling the motion for a new trial.
Judgment affirmed.