Brown v. State
| Citation | 142 Ga.App. 247,235 S.E.2d 671 |
| Decision Date | 09 May 1977 |
| Docket Number | No. 1,No. 53764,53764,1 |
| Parties | Cecil BROWN v. The STATE |
| Court | United States Court of Appeals (Georgia) |
Fuller & Schiller, Kenneth C. Fuller, Rome, for appellant.
F. Larry Salmon, Dist. Atty., Robert D. Englehart, Asst. Dist. Atty., Rome, for appellee.
Defendant was tried for murder but was convicted of voluntary manslaughter and sentenced. Held:
1. Charging the jury on the contentions of the defendant is not a burden shifting charge under our decision in Moran v. State, 139 Ga.App. 274, 228 S.E.2d 216. The holdings on this issue found in Henderson v. State, 134 Ga.App. 898, 900, 216 S.E.2d 696 and Graham v. State, 135 Ga.App. 825, 219 S.E.2d 477, relied on by defendant, were specifically overruled by Moran v. State, supra.
2. The court concluded its charge with a recharge on the law as to voluntary manslaughter and justifiable homicide. A mere repetition of a principle of law, while unnecessary, will not work a reversal unless it appears from the charge as a whole that there was such undue emphasis as to result in an unfair statement of the law in relation to the defendant's rights. Baker v. State, 88 Ga.App. 894, 895, 78 S.E.2d 357. In the instant case, the reiteration was as to the lesser included offense of the crime charged in the indictment and as to the defendant's sole defense both favorable to the defendant. When the charge is read as a whole, we cannot say that it confused or misled the jury or in any manner resulted in an unfair statement of the law as it relates to defendant.
Judgment affirmed.
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..."we cannot say that it confused or misled the jury or in any manner resulted in an unfair statement of the law." Brown v. State, 142 Ga.App. 247, 248, 235 S.E.2d 671 (1977). 4. Appellant enumerates as error the trial court's refusal to give defense Request to Charge No. 6. However, it is we......
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...the charge that the language of the court must not be considered in any way an expression of opinion by the court. See Brown v. State, 142 Ga.App. 247, 248, 235 S.E.2d 671. (d) We likewise find no error in the court's omission of a charge on impeachment. Substantively, appellant sought to s......
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Brown v. State, 60043
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