157 Ga. 112 | Ga. | 1923
1. Exceptions to instructions by the court to the jury, which in themselves are correct,' on the ground that the court failed to give in connection therewith other pertinent principles of law, do not furnish grounds for the grant of a new trial. Currie v. State, 152 Ga. 178 (111 S. E. 727).
2. The court gave in charge to the jury Penal Code (1910) § 71. To this charge the defendant excepts on the grounds: (1) that it was misleading to the jury, and (2) that “it was mixing up of section 71 of the Criminal Code with section 73 of the Code of 1910.” These exceptions are without merit, it not being alleged, and it not appearing, how this instruction misled the jury, and it not being alleged that the court gave in charge to the jury § 73 of the Penal Code.
3. The court charged the jury as follows: “The defendant, on the other band, contends that he had no malice, either express or implied, to the man John Glover; that if any altercation arose between them, the killing could not be greater than voluntary manslaughter, because of the absence of malice; but he goes further and says everything he did was done in his own defense, that John Glover was threatening to shoot him, and that acting under the fears of a reasonable man, believing that his own life was in danger, he shot to protect himself. If you believe any of those contentions of the defendant, the defendant is not guilty. If you believe he acted in his own defense, he would not be guilty of any crime whatever.” The defendant excepts to this charge, for the reasons: (1) that the defendant did not contend that he was guilty of
4. Failure to charge in regard to the consideration to he given by the jury to evidence of good character of the defendant, in the absence of a request for such charge, will not require a reversal. Ellison v. State, 137 Ga. 193 (7) (73 S. E. 255).
5. There is evidence to support the verdict.
Judgment affirmed.