124 Ga. 213 | Ga. | 1905
(After stating the facts.)
Another complaint is that the court, in stating the contentions of the respective parties, gave a stronger emphasis to the side of the State than to that of the defendant, in that the court informed the jury that the State contended that the “facts and circumstances as proven showed that this homicide was murder,” and, on the other hand, merely stated that “the defendant contended that he was not guilty of the charge,” which statement “was calculated to impress the jury that the defendant was depending upon his own statement alone, rather than upon the sworn evidence, while the State was relying .upon sworn evidence.” The accused could not have been prejudiced by this fair statement of the issue presented for determination by the jury. So far as appears, he was afforded an impartial trial, and his conviction was fully warranted by the evidence.
Judgment affirmed.