59 Ga. App. 396 | Ga. Ct. App. | 1939
The judge, on the subject of flight, with the exceptipn of the words in brackets, charged as follows: “Some evidence has been offered, gentlemen, on the issue as to flight. In that connection I charge you that you may consider flight, if any, and similar acts, if proven, from which an inference [of consciousness] of guilt [may be drawn], may be considered by the jury; but flight, pf any, is subject to explanation. The weight to be given to it or whether the jury will draw [an inference of] a consciousness of guilt or not, is for the jury. It is for the jury to determine whether the flight of the defendant, if any such has been proven, was due to a sense of guilt, or for other reasons, and if for
The part of the charge complained of in special grounds 2 and 3, taken alone, might have seemed objectionable, but when taken in connection with the entire charge the excerpts are not subject to the criticism made. Western & Atlantic R. Co. v. Tate, 129 Ga. 526 (6) (59 S. E. 266). In all essential particulars the instructions here given on the subject of proof of intent to kill (intent being a necessary ingredient of the offense of an assault with intent to murder), were sufficient. We think these exceptions are controlled adversely to the plaintiff in error by the case of Woodard v. State, 52 Ga. App. 70 (182 S. E. 198). See also Caudle v. State, 7 Ga. App. 848 (68 S. E. 343).
With reference to the position of the prosecutor’s hands, and
On the trial of the case the following occurred: The court: “Did he say he was going over there or was stopped when he was shot?” A. “After he was on his way over there.” The court: “Did you answer him that at the time he was shot he was stopped?” A. “That is what I mean, but I am talking about in the whole motion of going over there and stopping and holding out his hand, that is when the gun was fired.” Mr. Crawford (the solicitor’s assistant) : “And he was stopped at that time?” Mr. Fariss: “I object to his putting words in the witness’s mouth.” The court: “I think he said that.” The defendant contends in special ground 5 that the statement of the court, “I think he said that,” was an expression of an opinion. With this we can not agree. The ground is not meritorious.
The sheriff testified that upon the issuance of a bench warrant in this case that he repeatedly made search for the defendant
Special ground 8 is in principle controlled adversely to the defendant by the ruling of our Supreme Court in the case of Hurt v. State, supra.
The evidence warranted the verdict.
Judgment affirmed.