Adkins v. State
| Decision Date | 14 November 1911 |
| Citation | 137 Ga. 81,72 S.E. 897 |
| Parties | ADKINS v. STATE. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
The evidence authorized an instruction on the law of voluntary manslaughter.
Neither under the evidence nor the statement of the accused was the law of involuntary manslaughter involved in the case.
A ground of a motion for a new trial was without merit, which alleged that the court erred in making the following statement in the presence of the jury: "I will let it in to discriminate between murder and voluntary manslaughter"—it nowhere appearing in the motion to what the judge had reference.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2363-2367; Dec. Dig. § 954.*]
A ground of a motion for a new trial, which did no more than complain that the court erred "in letting in evidence, over objection of defendant's counsel, the account of a scuffle over a jug of whisky, which took place at the home of the deceased about one hour before the killing, " was without merit.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2363-2367; Dec. Dig. § 954.*]
A ground of a motion for a new trial, assigning error upon the admission of evidence, over the objection of the accused, as to "theaccount of a fight, " was without merit, where neither the substance of the evidence admitted nor the objection urged to the same was stated.
[Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 954.2-*]
In defining the offense of voluntary manslaughter, the judge, in the language of the Penal Code (section 65), instructed the jury that "provocation by words, threats, menaces and contemptuous gestures shall in no case be sufficient to free the person killing from the guilt and crime of murder." This charge was not erroneous, because the judge did not further instruct "the jury that such words, threats, menaces, and contemptuous gestures, if sufficient to cause defendant to fear that a felony was about to be committed upon his person." The ground of the motion is incomplete; and, besides, the doctrine of reasonable fear has no connection with the offense of voluntary manslaughter.
[Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 649-656; Dec. Dig. § 309.*]
The grounds of a motion for a new trial, which are not referred to in the brief of counsel for plaintiff in error, will be treated as abandoned.
[Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 1178.*]
The evidence was suft err in refusing to grant a new trial.
Error from Superior Court, Toombs County; B. T. Rawlings, Judge.
Cliff Adkins was convicted of homicide, and brings error. Affirmed.
W. E. Brown and L. J. Cowart, for plaintiff in error.
Alfred Herrington, Sol. Gen., Hines & Jordan, and T. S. Felder, Atty. Gen., for the State.
ATKINSON, J. Judgment affirmed. All the Justices concur, except BECK, J., absent, and HILL, J., not presiding.
*.For other cases see same topic and section NUMBER In Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes
2-*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes
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...objected to, the name of the witness and that objection was made at the time, setting forth the grounds thereof. See Adkins v. State, 137 Ga. 81(5), 72 S.E. 897, and Hunter v. State, 148 Ga. 566(1), 97 S.E. This special ground shows no reversible error. The other special grounds are without......