Burney v. State

• Decision Date: 16 December 1914
• Docket Number: 97.
• Citation: 83 S.E. 937,142 Ga. 812
• Parties: BURNEY v. STATE.
• Court: Georgia Supreme Court

83 S.E. 937

142 Ga. 812

BURNEY v. STATE.

No. 97.

Supreme Court of Georgia

December 16, 1914

Syllabus by the Court.

The ruling in Smith v. State, 125 Ga. 300, 54 S.E. 124, to the effect that a general assignment of error that the court erred in not charging the law of voluntary manslaughter is insufficient, will not be extended. In the present case the ground of the motion for new trial not only made such an assignment, but also called attention to parts of the evidence touching previous difficulties and transactions as showing the basis for such a charge.

The evidence was such as to involve the question of voluntary manslaughter, and it was error not to charge on that subject.

(a) Among other things, the evidence showed that the homicide occurred on Tuesday, and that there had been a previous difficulty between the parties on Sunday. In his direct examination the only eyewitness of the tragedy stated that the accused shot the deceased; but in the cross-examination, as it appears in the brief of evidence, he stated that the deceased shot at the accused in the previous difficulty. This, in connection with the other evidence, required a charge on the subject of voluntary manslaughter.

Error from Superior Court, Jones County; J. B. Park, Judge.

Press Burney was convicted of crime, and brings error. Reversed.

J. C. Barron, of Gray, for plaintiff in error.

Jos. E. Pottle, Sol. Gen., of Milledgeville, and Warren Grice, Atty. Gen., for the State.

LUMPKIN, J.

Judgment reversed.

All the Justices concur, except FISH, C.J., absent.