30 Ga. App. 267 | Ga. Ct. App. | 1923
In Taliaferro county plaintiff in error shot his brother Julian, who was carried to Atlanta for an operation and died the next day. An indictment was returned in which the plaintiff in error was charged with murder. After two trials in Taliaferro county (for report of one of these see Richards v. State, 152 Ga. 207, 108 S. E. 800), the venue was changed and the case tried in Wilkes county.' This trial resulted in a verdict of voluntary manslaughter, and the jury fixed the punishment at a minimum of ten years and a maximum of fifteen years. A motion for a new trial was overruled, and the accused excepted.
In stating to the jury the contentions of the defendant the court said: “.The State contends that the defendant did, on the date alleged in the indictment, with force and arms, unlawfully, feloniously (he then and there being a man of sound mind and discretion) kill and murder, by shooting, Julian Richards, but the defendant on his part contends that he is neither guilty of murder, nor is he guilty of the offense of voluntary manslaughter; while he hilled Julian Richards, as alleged in the indictment, that at the time of the shooting he was acting under the fears of a reasonable
The court instructed the jury as follows: “A reasonable doubt is such a doubt as woxrld arise in the mind of an honest juror who, after taking his oath, goes into the jury-box with the interest of the State and society in one hand, and the interest of the defendant in the other, looking to all the evidence, the prisoner’s statement, under the charge of the court, with only one purpose in view, and that to do equal justice between the State and the accused, and is such a doubt as leaves the mind wavering and unsettled, and it must arise from the want or insufficiency of the evidence or the circumstances of the case.” It is insisted that
The 3d ground of the amendment to the motion for a new trial is not argued in the brief of counsel for the plaintiff in error, and, as there is no general insistence upon all the grounds of the motion, this ground will be treated as abandoned.
In the verdict the jury fixed the punishment at a minimum of ten and a maximum of fifteen years. Where the judge charges the jury that “ The law provides that the jury shall fix the punishment to be imposed, should you find him guilty. The judge has no discretion in the matter at all, and you cannot fix a minimum sentence of less than one year, nor can you fix a maximum sentence of more than twenty,” it is not error for the judge to .add, by way of illustration, “ but can fix a minimum sentence of one year and a maximum of five years; a minimum of five, a maximum of ten; a minimum of- ten, a maximum of fifteen, a minimum of fifteen, and a maximum of twenty.”
On a preliminary examination made for the purpose of determining whether or not the evidence of Dr. Portwood on a former trial, and at which time he was cross-examined, was admissible, on the ground that he was a resident of Louisiana and inaccessible as a witness, the bill of exceptions shows that a letter was “ introduced in evidence, over the objection of the defendant,” and that the “contents of said letter were not admitted to the
There is ample evidence to support the verdict.
Judgment affirmed.