Black v. State
| Decision Date | 30 April 1914 |
| Docket Number | 5489. |
| Citation | 81 S.E. 588,14 Ga.App. 534 |
| Parties | BLACK v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
There were circumstances in the evidence sufficiently establishing the venue.
The evidence as a whole authorized a charge on the law of voluntary manslaughter. Though the testimony supporting a verdict of voluntary manslaughter is not so distinct as testimony adduced which would have authorized either a verdict finding the accused guilty of murder or his acquittal, there was evidence authorizing the inference that the killing was due to a sudden heat of passion, or was perhaps caused by reasonable fear on the part of the accused that an assault and battery would be committed upon him.
An indictment for murder may be found and filed at any time after the death of the person killed. Pen. Code 1911, § 30. Consequently an indictment for murder, alleging the commission of a felonious assault on a day named, which was prior to the return of the indictment, and alleging that the death of the deceased was due to a mortal wound thereby inflicted, was not demurrable for the ground that it did not allege the date on which the death occurred.
The instruction of the trial judge upon the subject of flight was perhaps properly subject to criticism, but was neither confusing to the jury nor prejudicial to the defendant.
Error from Superior Court, Oglethorpe County; D. W. Meadow, Judge.
Bud Black, alias F. Smith, was convicted of crime, and brings error. Affirmed.
Hamilton McWhorter, Jr., of Lexington, and Samuel H. Sibley, of Union Point, for plaintiff in error.
Thos. J. Brown, Sol. Gen., of Elberton, and Paul Brown, of Lexington, for the State.
Judgment affirmed.
ROAN, J., absent on account of sickness.
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Manning v. State, 46155
...was shot on June 5, 1969, but languished and died June 11, 1969. The indictment was returned September 22, 1969. Cf. Black v. State, 14 Ga.App. 534(3), 81 S.E. 588. Since the defendant was charged with murder there was no statutory limitation on the prosecution either for that offense or fo......
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State v. Williams, 36848
...within a year and a day from the date of the alleged assault. See Lyles v. State, 215 Ga. 229, 109 S.E.2d 785 (1959); Black v. State, 14 Ga.App. 534, 81 S.E. 588 (1914). It was error for the trial court to sustain the demurrer to count four of the indictment on the ground that it failed to ......