227 Ga. 775 | Ga. | 1971
Appellant was convicted and sentenced to life imprisonment for the murder of his wife. He appeals. Held: 1. The statement of the deceased was properly admitted into evi
2. Appellant’s right of cross examination was not restricted unlawfully. Whether the witness to whom the dying declaration was made had examined the deceased’s wound was not material to this issue.
(a) The alleged error of the trial court in sustaining an objection to a question directed to this same witness concerning social security benefits for the deceased’s two minor children is without merit. The witness answered the question later during the course of the examination and the error, if any, was harmless.
3. The trial court’s charge on admissions was warranted under the evidence.
4. In the absence of request, a charge on dying declarations was not required in this case. Hall v. State, 124 Ga. 649 (2) (52 SE 891); Thomas v. State, 150 Ga. 269 (1) (103 SE 244).
5. The evidence was sufficient to authorize the verdict.
Judgment affirmed.