Cochran v. State, 55719
Decision Date | 23 June 1978 |
Docket Number | No. 55719,55719 |
Parties | COCHRAN v. The STATE. |
Court | Georgia Court of Appeals |
Gaines C. Granade, Atlanta, for appellant.
Robert E. Keller, Dist. Atty., Clifford A. Sticher, Asst. Dist. Atty., for appellee.
Cochran was indicted for murder and convicted, by a jury, of voluntary manslaughter. He appeals, enumerating two errors. Held:
1. Appellant's first enumeration of error raises the general grounds. "As to the general grounds, this court is bound by the 'any evidence' rule and must accept the state's version of the evidence, as was done by the jury and the trial judge." Franklin v. State, 136 Ga.App. 47, 48(1), 220 S.E.2d 60, 62. The evidence presented showed that appellant and his son drove to deceased's residence where appellant intended to repossess an automobile for which deceased was indebted to him. The two thereafter consumed deceased's beer, and an argument developed over the quantity of beer consumed by appellant and who should purchase additional beer. Deceased and appellant also argued over an alleged indebtedness not related to the automobile. Deceased then struggled with appellant's son for possession of a 20-gauge shotgun, ultimately wresting it from the boy and commanding appellant: "Shut up or I'll shoot you." Immediately thereafter, appellant shot and killed deceased with a blast from a 12-gauge shotgun. Appellant's conviction of voluntary manslaughter was supported by the evidence. See Curtis v. State, 141 Ga.App. 36, 232 S.E.2d 382; Robertson v. State, 140 Ga.App. 506, 231 S.E.2d 367; Fuller v. State, 138 Ga.App. 241, 225 S.E.2d 718 2. Gainey v. State, 132 Ga.App. 870(1), 209 S.E.2d 687. Curtis v. State, 141 Ga.App. 36, 38, 232 S.E.2d 382, supra. See Gresham v. State, 216 Ga. 106(2), 115 S.E.2d 191; Banks v. State, 127 Ga.App. 14, 192 S.E.2d 414; Stuart v. State, 123 Ga.App. 311(3), 180 S.E.2d 581. The trial...
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Lightsey v. State
...and therefore was voluntary manslaughter.' " Ballard v. State, 150 Ga.App. 704 (2), 258 S.E.2d 331; Accord: Cochran v. State, 146 Ga.App. 414, 415, 246 S.E.2d 431; Ward v. State, 151 Ga.App. 36, 258 S.E.2d 699. The sufficiency of the provocation and cooling time are questions for the jury. ......
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...was neither accidental nor malicious it was intentional, and therefore was voluntary manslaughter.' (Cit.)" Cochran v. State, 146 Ga.App. 414, 415(2), 246 S.E.2d 431, 432(2) (1978). 3. Henderson v. Morgan, 426 U.S. 637, 647, 96 S.Ct. 2253, 2258-2259, 49 L.Ed.2d 108, supra, was "unique becau......
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...an offense is murder or manslaughter, however slight, the court should instruct as to both when requested in writing. Cochran v. State, 146 Ga.App. 414(2), 246 S.E.2d 431; Gresham v. State, 216 Ga. 106(2), 115 S.E.2d 191; Parker v. State, 218 Ga. 654(5), 129 S.E.2d 850. We are aware that th......
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