Chapman v. State

Docket Number20157.
Decision Date14 January 1930
Citation151 S.E. 410,40 Ga.App. 725
PartiesCHAPMAN v. STATE.
CourtGeorgia Court of Appeals

Syllabus by the Court.

In the amendment to the motion for a new trial the court is alleged to have erred in charging the jury that "If, on or about the date mentioned in the indictment, or at any time within four years prior to the return of this bill, the defendant committed the acts charged in the bill of indictment, he would be guilty and you ought to convict him." When considered in connection with the remainder of the charge this excerpt shows no error.

In charging the jury the judge said: "It is not necessary for the state to show that the accused was drunk; but it is sufficient if the state shows, beyond a reasonable doubt that the accused was under the influence of some intoxicant as charged, to any extent whatsover, whether drunk or not." The court did not err in thus instructing the jury. See Ga. L. 1927, p. 238, § 13; Hart v. State, 26 Ga.App. 65(2), 105 S.E. 383.

There is no merit in that ground of the motion which alleges that the court, without any written request, should have charged the jury that the operation of the car while under the influence of an intoxicant was the proximate cause of the homicide. The charge covered substantially the issues made by the pleadings and the evidence, and the failure to add instructions not requested in writing is not ground for a new trial.

Under the circumstances under which the statement was made by the mother of the defendant, that "liquor was the cause of this tragedy," the court did not err in allowing this statement to go to the jury.

Ground 8 of the motion for a new trial is but an amplification of the general grounds.

There was no error harmful to the accused in the charge of the court on circumstantial evidence. Moreover, this ground is incomplete. Allen v. State, 39 Ga.App. 642(2), 148 S.E. 167.

The court did not err in failing to give in charge to the jury section 64 of the Penal Code. The court in substance charged the law of involuntary manslaughter, and, if a fuller charge on this subject was desired, a proper, legal request therefor in writing should have been made.

There is sufficient evidence to support the verdict, and the court did not err in overruling the motion for a new trial.

Error from Superior Court, Gordon County; C. C. Pittman, Judge.

Gene Chapman was convicted of killing another while operating motor vehicle while under influence of liquor, and he brings error. Affirmed.

F. W Copeland, of Rome, and Joe M. Lang, of Calhoun, for plaintiff in error.

John C Mitchell, Sol. Gen., of Dalton, for the State.

BLOODWORTH J.

The accused was tried under an...

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