132 Ga. 46 | Ga. | 1909
The defendant was convicted of murder; and to the judgment of the court overruling his motion for a new trial he excepted. The defendant shot the deceased in the leg, inflicting ■a wound from which he died several months thereafter. The evidence on the part of the State was to the effect that the defendant killed the deceased while the defendant was in no dangei, or appearance of danger, from the deceased. The defendant states that the deceased drew a pistol from his pocket, and “he threw it up, and as he turned it up I shot.” One of the grounds of the motion for a new trial is that the court failed to give in charge to the jury the legal definition of the term “felony.” It does not appear that any request for such charge to be given was made. In the case of Roberts v. State, 114 Ga. 450 (40 S. E. 297), it was ruled that where a charge embraces a Section of the code which contains the word “felony,”' the word should be so defined as to convey to the jury a correct idea of its meaning. The Court of Appeals made the same ruling in Holland v. State, 3 Ga. App. 465 (60 S. E. 205). In both of these cases a new trial was granted, but in neither of them was the judgment of the court based on the failure of the court below to give a definition of the word “felony.” In the Roberts case, supra, Justice Cobb
Affirmed.