93 Ga. 208 | Ga. | 1894
Judgment affirmed.
Homer Willis was tried for the murder of George Outlaw, and was found guilty of voluntary manslaugh
The grounds of the motion for a new trial, besides those alleging that the verdict is contrary to law and evidence, are, that the court erred in refusing to charge the jury the law as to involuntary manslaughter in the commission of a lawful act without due caution and circumspection; and in allowing witness Savage to testify as to confessions made to him by defendant on the night of the homicide, over defendant’s objection that said confession was induced by hope of benefit; and that the court erred in charging the jury as follows: “Now, you determine from the evidence, if the defendant killed the deceased, whether he intended to do so or not. If he did not intend to do so, why then inquire whether he would be guilty of involuntary manslaughter, because involuntary manslaughter is that
The motion also contains a ground setting up newly discovered testimony tending to contradict a witness for the State as to the front door of the house being open when said witness and the two affiants who contradicted him reached the house shortly after the killing, and as to other points of less materiality. These affidavits were met by rebutting affidavits on the part of the State, tending to support the evidence introduced at the trial. No showing as to diligence was made in connection with this newly discovered evidence.