Isom v. State

• Decision Date: 16 April 1924
• Docket Number: 15320.
• Citation: Isom v. State, 32 Ga.App. 75, 122 S.E. 722 (Ga. App. 1924)
• Parties: ISOM v. STATE.
• Court: Georgia Court of Appeals

122 S.E. 722

32 Ga.App. 75

ISOM v. STATE.

No. 15320.

Court of Appeals of Georgia, First Division

April 16, 1924

Syllabus by the Court.

In Hendrix v. State, 24 Ga.App. 56, 57, 100 S.E. 55, 56, this court held: "In this state the husband is recognized by law as the head of his family, and, where he and his wife reside together, the legal presumption is that the house and all the household effects, including any intoxicating liquors, belong to the husband as the head of the family. This presumption of course is rebuttable. Young v. State, 22 Ga.App. 111, 95 S.E. 478, and authorities cited." Under the foregoing ruling there is no error in the first special ground of the motion for a new trial.

"The court is not required to charge upon a theory of defense arising solely from the statement of the accused, in the absence of a timely written request so to charge. Hardin v. State, 107 Ga. 718, 33 S.E. 700; Baker v. State, 111 Ga. 141, 36 S.E. 607; Gay v. State, 111 Ga. 649, 36 S.E. 857; Richards v. State, 114 Ga. 834, 40 S.E. 1001; Smith v. State, 117 Ga. 259, 43 S.E. 703; Johnson v. State, 4 Ga.App. 59, 60 S.E. 813." Lott v. State, 18 Ga.App. 747 (2), 90 S.E. 727. See, also, Green v. State, 22 Ga.App. 793, 97 S.E. 201. The rulings in the foregoing cases dispose of the second ground of the amendment to the motion for a new trial adversely to the plaintiff in error.

Under the facts of this case, and in the absence of a legal and proper written request to charge as provided by section 6084 of the Civil Code of 1910, the court did not err in failing to charge on circumstantial evidence.

The verdict is not without evidence to support it.

Error from City Court of Floyd County; John W. Bale, Judge.

Eli Isom was convicted of an offense, and he brings error. Affirmed.

Porter & Mebane, of Rome, for plaintiff in error.

James Maddox, Sol., of Rome, for the State.

BLOODWORTH, J.

Judgment affirmed.

BROYLES, C.J., and LUKE, J., concur.