21 Ga. App. 189 | Ga. Ct. App. | 1917
Hpon his, first trial, the plaintiff in error was convicted of murder. He obtained a new trial because the judge failed to instruct the jury on the theory of manslaughter. Hpon his second trial the judge charged upon manslaughter, and a new trial is now asked and error is alleged because such a charge was given. This is the only special ground of the motion for a new trial. It is insisted that the evidence on the first trial showed
In the case of Cain v. State, 7 Ga. App. 34 (65 S. E. 1069), we find the following: “It is well settled, by repeated rulings of the Supreme Court and this court,-that on a trial for murder, if there is anything deducible from the evidence or the defendant’s statement that would tend to show manslaughter, voluntary or involuntary, it is the duty of the court to instruct the jury fully on the law of manslaughter. Crawford v. State, 13 Ga. 143 (6); Jackson v. State, 76 Ga. 473; Wayne v. State, 56 Ga. 113; Bell v. State, 130 Ga. 865 (61 S. E. 996); Strickland v. State, 133 Ga. 76 (65 S. E. 148); Pyle v. State, 4 Ga. App. 811 (63 S. E. 540). In the Crawford case, supra, the court strongly expresses itself on the subject, as follows: ‘When a defendant is put upon trial for mur-. der, and there is any doubt as to the grade of homicide of which he is guilty, it is the duty of the court clearly and distinctly to instruct the jury as to the law, defining the several grades of homicide as recognized by the Penal Code, and then leave it to
The evidence, in connection with the statement of defendant,
Judgment affirmed.