Coney v. State

• Decision Date: 01 August 1892
• Citation: 15 S.E. 746,90 Ga. 140
• Parties: CONEY v. STATE.
• Court: Georgia Supreme Court

15 S.E. 746

90 Ga. 140

CONEY v. STATE.

Supreme Court of Georgia

August 1, 1892

Syllabus by the Court.

1. Construed in the light of the evidence, and of the whole charge of the court, there was no error in charging the jury that, "to constitute justifiable homicide, the slayer must be faultless," nor in charging that "if the prisoner provoked and brought on the difficulty by his own fault, and brought upon himself the necessity to kill the deceased to save his own life, then the killing would not be justifiable, but would be murder."

2. The charge touching the prisoner's statement being in the terms of the statute, there was no error in instructing the jury that it was for them to determine from the evidence whether or not the homicide was unlawful, nor in instructing as follows: "Now, as to what is the truth of the case, you are the judges. You are to decide from the testimony. You look to all of the circumstances of the case. Look to the testimony of the witnesses. *** If you believe from the testimony that the prisoner is guilty of the offense of murder, your verdict will be, 'We, the jury, find the defendant guilty."'

3. There was no error in charging the jury on the subject of admissions and confessions of guilt, nor in not charging touching manslaughter; counsel for the prisoner admitting in open court that manslaughter was not involved, and contending that the homicide, if not murder, was justifiable. The evidence warranted counsel in taking this position, and the court, in recognizing it, is correct.

4. The verdict was warranted by the evidence, and there was no error in refusing a new trial.

Error from superior court, Dooly county; W. H. FISH, Judge.

Oran Coney was convicted of murder, and brings error to an order overruling his motion for a new trial. Affirmed.

Buzbee & Crum, for plaintiff in error.

C. B. Hudson, Sol. Gen., and W. A. Little, Atty. Gen., for the State.

PER CURIAM.

Judgment affirmed.