Colbert v. State
Colbert v. State
Opinion of the Court
In his appeal from his conviction of murder, for which he received a life sentence, James Doyle Colbert urges as his sole enumerated error the trial judge’s failure to charge, without a written
“ [I]n the absence of a written request, failure to charge the lesser included offenses of voluntary or involuntary manslaughter is not error. [Cits.]” Foster v. State, 248 Ga. 409, 410 (1) (283 SE2d 873) (1981).
Moreover, even had there been a written request, “it is not necessary to give a request to charge the law as to involuntary manslaughter, Code § 26-1103 (b), where the defendant asserts that he or she fired a gun in self-defense.” Crawford v. State, 245 Ga. 89, 94 (3) (263 SE2d 131) (1980); Farmer v. State, 246 Ga. 253 (2) (271 SE2d 166) (1980).
Judgment affirmed.
Reference
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- COLBERT v. State
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