Georgia Court of Appeals, 1944

Wise v. State

Wise v. State
Georgia Court of Appeals · Decided February 1, 1944 · Broyles, MacIntyre, Gardner
28 S.E.2d 879; 70 Ga. App. 537; 1944 Ga. App. LEXIS 40 (South Eastern Reporter, Second Series)

Wise v. State

Opinion of the Court

Broyles, C. J.

The defendant was tried for .murder and convicted of voluntary manslaughter. The evidence connecting the accused with the • offense of manslaughter was not wholly circumstantial, and' therefore the failure of the court' to instruct the jury on the law of circumstantial evidence, in the absence of á written request for such' a" charge, was not error. ' The main defense’of the accused was an alibi. The court correctly charged the law' of alibi, and under the evidence sübmitted, the jury were authorized to find against that defense.

The verdict was authorized by the evidence. None of the special grounds of the motion for new trial show cause for another trial.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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