Bradberry v. State, 7774.
| Decision Date | 26 July 1930 |
| Docket Number | No. 7774.,7774. |
| Citation | 154 S.E. 351,170 Ga. 870 |
| Parties | BRADBERRY. v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
The court did not err in refusing a request to give in charge to the jury the following. "Drunkenness of the defendant may be looked to by the jury to throw light upon the state of the defendant's mind, at the time of the killing, upon the question of malice."
Syllabus by the Court.
The court did not err in admitting in evidence, over objection, the testimony of certain witnesses offered by the state as to statements made by the defendant before the coroner's jury. Green v. State, 124 Ga. 343, 52 S. E. 431.
Syllabus by the Court.
The court did not err in admitting the evidence as to a confession made by the accused. The court was authorized by the evidence to find that prima facie the confession was freely and voluntarily made, and it is not complained that this question was not duly submitted to the jury.
Syllabus by the Court.
The court did not err in overruling the objections to the panel of 48 jurors put upon the defendant, on the ground that 24 of the 48 had been put upon one of the parties jointly indicted with the defendant, whose trial immediately preceded that of the defendant, and had been rejected for one cause or another. Humphries v. State, 100 Ga. 260, 28 S. E. 25; Eberhart v. State, 47 Ga. 598; Blackman v. State, 80 Ga. 785, 7 S. E. 626.
Syllabus by the Court.
The ground 3 of the motion for new trial in which the question of disqualification of one of the jurors is raised was not argued or urged in the brief of counsel for plaintiff in error, and is therefore treated as abandoned.
Error from Superior Court, Oconee County; Blariton Fortson, Judge.
Harvey Bradberry was convicted for murder, and he brings error.
Affirmed.
Carlisle Cobb and F. A. Gillen, both of Athens, and R. M. Nicholson, of Watkinsville, for plaintiff in error.
Henry H. West, Sol. Gen., of Athens, Geo. M. Napier, Atty. Gen., and T. R. Gress, Asst. Atty. Gen., for defendant in error.
In the indictment, Harvey Bradberry was charged with the murder of Frances Elder. He was placed on trial, and the jury returned a verdict of guilty, without a recommendation. A motion for new trial was overruled, and he excepted.
1. The original motion for new trial consisted of the usual general grounds, and an amendment thereto was allowed. Exception was taken to the court's refusal of a written request to give the following in charge to the jury: "Drunkenness of the defendant may be looked to by the jury to throw light upon the state of the defendant's mind, at the time of the killing, upon the question of malice." The court did not err in refusing to give this in charge. The court did charge, in the course of his instructions to the jury, the following: "Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness was occasioned by fraud, artifice, or contrivance of another person, for the purpose of having a...
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