Massey v. State
Supreme Court of Georgia
Massey v. State, 191 Ga. 44 (Ga. 1940)
Duckworth
Massey v. State
Opinion of the Court
1. Where there was no evidence requiring or authorizing a charge upon the subject of voluntary manslaughter, it was not error for the court to omit to charge on this subject, even though the statement of the accused authorized such a charge, there being no request in writing so to charge. The omission, without request, to charge the jury on a theory which finds support only in the prisoner’s statement at the trial is not erroneous. Felder v. State, 149 Ga. 538 (101 S. E. 179) ; Hill v. State, 169 Ga. 455 (5) (150 S. E. 587) ; Turner v. State, 190 Ga. 316 (9 S. E. 2d, 270).
2. The evidence fully authorized the verdict, and the court did not err in refusing a new trial. Judgment affirmed.
Reference
- Full Case Name
- Massey, alias Mills v. State
- Status
- Published