Densley v. State
| Decision Date | 23 July 1919 |
| Docket Number | 10276. |
| Citation | 99 S.E. 895,24 Ga.App. 136 |
| Parties | DENSLEY v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The charge of the court is not subject to the objection that it stated unfairly to the defendant the state's theory of the homicide, or that it was unintelligible or confusing to the jury.
The excerpts from the charge of the court excepted to cannot be construed as containing any expression or intimation of opinion on the facts. "To declare the law applicable to a given state of facts is no expression or intimation of opinion as to whether any of the facts referred to do or do not exist in the case on trial." Yarborough v. State, 86 Ga. 396, 12 S.E. 650.
There being evidence of an actual assault by the person killed upon the person killing, voluntary manslaughter was an issue in the case, and the law relative thereto was properly given in charge to the jury.
Neither involuntary manslaughter nor accidental homicide having been put in issue by the evidence, or the evidence taken in connection with the defendant's statement, it was not error, in the absence of a timely written request, for the trial judge to fail to give in charge the law relative to involuntary manslaughter or accidental homicide.
The other assignments of error are without merit, and the evidence supports the verdict.
Error from Superior Court, Baldwin County; J. B. Park, Judge.
Elbert Densley was convicted of an offense, and he brings error. Affirmed.
Sibley & Sibley, of Milledgeville, for plaintiff in error.
Doyle Campbell, Sol. Gen., of Monticello, for the State.
Judgment affirmed.
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Sheppard v. State
... ... on trial." In the body of this decision, Chief Justice ... Bleckley, speaking for the court, pertinently says: "No ... proposition of law can be laid down without some implication ... of a state of facts as by possibility existing." To the ... same effect is Densley v. State, 24 Ga.App. 136 (2), ... 99 S.E. 895 ... It is ... averred in ground 16 1/2 that in charging the law relating to ... the testimony of an accomplice the trial judge in several ... instances expressed his opinion as to what had been proved ... This ground covers ... ...
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Sheppard v. State
...law can be laid down without some implication of a state of facts as by possibility existing." To the same effect is Densley v. State, 24 Ga. App. 136 (2), 99 S. E. 895. It is averred in ground 161/2 that in charging the law relating to the testimony of an accomplice the trial judge in seve......
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Dorsey v. State
...of law can be laid down without some implication of a state of facts as by possibility existing." This court held in Densley v. State, 24 Ga.App. 136(2), 99 S.E. 895: "To declare the law applicable to a given state of facts is no expression or intimation of opinion as to whether any of the ......
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Brawner v. State, 32857
...v. State, 73 Ga.App. 271 at page 277, 36 S.E.2d 178, 182, where this court quoting from one of its previous decisions, Densley v. State, 24 Ga.App. 136, 99 S.E. 895, held as follows: 'To declare the law applicable to a given state of facts is no expression or intimation of opinion as to whe......