Davis v. State
Decision Date | 12 November 1942 |
Docket Number | 29639. |
Citation | 22 S.E.2d 762,68 Ga.App. 296 |
Parties | DAVIS v. STATE. |
Court | Georgia Court of Appeals |
The evidence of Eddie Lane in part was as follows: '
On cross examination this witness stated
Eddie Lane testified that the deceased was going away from the defendant at the time he was shot. In seeming contradiction of such testimony, Marcellus Thornton, a State's witness and a funeral director and embalmer who handled the body of the deceased, testified: On cross-examination he testified, Will Lackey, a witness for the defendant, testified that, on the Saturday night preceding the shooting on Monday, the defendant's coal house (underneath his house) had been broken into, and that he had seen the lock exhibited to him and that the lock was on the coal-house door and in a broken condition. Anderson Edwards, a witness for the defendant, testified that the deceased "run backwards and began to shoot, and he shot three or four times, and this man at the corner of the old pillar, [the defendant] he shot one time, and that settled the shooting." The defendant in his statement to the jury stated:
The jury manifestly believed those phases of the State's evidence that authorize a conviction of voluntary manslaughter, rather than the defendant's evidence and his statement which would have authorized an acquittal. This they were permitted to do.
The judge did not err in overruling the motion...
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