Georgia Court of Appeals, 1944

Francis v. State

Francis v. State
Georgia Court of Appeals · Decided April 20, 1944 · Broyles, MacIntyre, Gardner
29 S.E.2d 918; 71 Ga. App. 43; 1944 Ga. App. LEXIS 268 (South Eastern Reporter, Second Series)

Francis v. State

Opinion of the Court

Broyles, C. J.

1. “It is well settled by repeated rulings of the Supreme Court and this court that on a trial for murder, if there is anything dedueible 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.” Cain v. State, 7 Ga. App. 24 (65 S. E. 1069); Crawford v. State, 12 Ga. 142 (6); Jaakson v. State, 76 Ga. 473; Bell v. State, 130 Ga. 865 (61 S. E. 996); Reeves v. State, 22 Ga. App. 628 (97 S. E. 115); May v. State, 24 Ga. App. 379, 382 (100 S. E. 797).

2. Applying the ruling made in the preceding headnote to the facts of this case, the charging of the law of voluntary manslaughter was not error, there being some evidence tending to show, and authorizing the jury to find, that the defendant and the deceased were engaged in mutual combat at the time of the killing.

*44 Decided April 20, 1944. Hardwick & Averell, I. L. Evans, for plaintiff in error. W. H. Lanier, solicitor-general, contra.

3. The verdict was authorized by the evidence.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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