81 Ga. 593 | Ga. | 1888
Starke was indicted for the murder of his brother. He was found guilty, with a recommendation that he be imprisoned in the penitentiary for life. He made a motion for a new trial, which was overruled by the court, and he excepted.
The 1st and 2d grounds of the motion for a new trial are, that the verdict was contrary to law and to the evidence. The 3d ground alleges error in admitting the evidence of Reynolds as to a previous difficulty between the defendant and the deceased, the same being in no way connected -with the killing. The 4th ground alleges error in charging the jury, after defining express malice, the following: “Now applying that law to the evidence in this case, if you believe that this defendant shot his brother, that he died from the wound, and that at the time he killed him, there had been before bad feeling on the part of this boy towards his brother, as manifested by anything he did or anything that he said (I mean the defendant), then that would be evidence of express malice.”
It will be observed that no complaint is made upon the ground that the judge said to the jury that certain things mentioned by him would be evidence of express
Judgment affirmed.