Supreme Court of Georgia, 1921

Evans v. State

Evans v. State
Supreme Court of Georgia · Decided April 14, 1921 · Gilbert
151 Ga. 434; 107 S.E. 38; 1921 Ga. LEXIS 277

Evans v. State

Opinion of the Court

Gilbert, J.

1. There was no evidence in the case requiring or authorizing a charge upon the subject of voluntary manslaughter, and the failure of the court to charge upon that subject was not error.

2. Even if the statement of the accused authorized a charge upon the ' subject of voluntary manslaughter, there was no request in writing to so charge; and in the absence of a written request -the court was not bound to present a theory of the case based solely upon the statement. Felder v. State, 149 Ga. 538 (101 S. E. 179).

3. The verdict is supported by • evidence; and this ' is conceded in the’ brief of the plaintiff in error. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concurs

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