20 S.E.2d 200 | Ga. Ct. App. | 1942
If one unlawfully but without malice, and under a sudden heat of passion, shoots another with the intent to kill and death does not ensue, he can legally be found guilty of unlawfully shooting at another.
It is well-settled law that the jury can believe parts of a defendant's statement and reject other parts. Brown v. State,
The court did not err in instructing the jury upon the law of unlawfully shooting at another, and the charge upon that principle of law, while subject to slight criticism, affords no cause for a new trial, the court having elsewhere charged the jury that if they should find that the shooting was accidental the defendant should be acquitted. The refusal to grant a new trial was not error.
Judgment affirmed. MacIntyre and Gardner, JJ., concur.