59 Ga. App. 380 | Ga. Ct. App. | 1939
Lead Opinion
The defendant was charged with passing a worthless check in the sum of $675, in that he gave such check for the purchase of certain cattle, knowing at the time that he did not have the funds in or credit with the bank upon which it was drawn sufficient for its payment and thereby cheated and defrauded the payee out of said sum. The evidence for the State showed that on Sep
A clear-cut issue was made by the evidence and the defendant’s statement as to whether or not there was an extension of credit for
“Upon a trial of a criminal case, the trial judge, in his charge to the jury, with or without request, should instruct them as to the general principles of the law which of necessity must be applied by them in reaching a correct conclusion upon the questions submitted for their consideration.” Sledge v. State, 99 Ga. 684 (26 S. E. 756). The State contends in this case that no issue was raised by the evidence as to whether any credit was extended by the seller to the defendant, that this issue was raised solely by the defendant’s statement, and there being no request to charge it was not error to fail to give in charge the law with reference to the effect that the giving of credit might have upon the State’s case, if the jury should determine that credit had been extended. It is true that where there is no request to charge a trial judge is not required to present the contentions of the defendant which are based solely on his statement. Key v. State, 21 Ga. App. 300 (94 S. E. 283); Hardin v. State, 107 Ga. 718 (33 S. E. 700), and cit. However, it is the duty of the trial judge to charge upon the general principles covering the facts of the case. The jury would have been authorized, under the defendant’s statement, to find that credit had been extended to him. Certain facts were developed on cross-examination of the State’s witnesses which may or may not have corroborated the statement of the defendant as to this issue. The issues in the case were made by the State’s evidence and the defendant’s statement alone. Before the jury were authorized to convict in this case they must disbelieve the defendant’s statement that credit had been extended. The charge defined the offense in the language of the statute, but was entirely silent as to what effect the extension of credit might have on the guilt of the accused. Under the charge as given, the jury were authorized to find the defendant guilty even though they believed his statement, for they were not instructed as to the effect the truthfulness of the defendant’s statement would have on his guilt. We can see that where an alibi is presented as
Judgment reversed.
Dissenting Opinion
dissenting. The contention as to the agreement to hold the check was supported only by the defendant’s statement to the jury; and therefore, in the absence of a written request, the failure of the judge to charge thereon was not error, he having properly instructed the jury on the defendant’s statement.