Mitchell v. State, 31675
| Decision Date | 14 February 1977 |
| Docket Number | No. 31675,31675 |
| Citation | 238 Ga. 420,233 S.E.2d 173 |
| Parties | Ruby MITCHELL v. The STATE. |
| Court | Georgia Supreme Court |
Edward E. Augustine, John F. Lyndon, Augustine & Sullivan, Athens, for appellant.
Harry N. Gordon, Dist. Atty., B. Thomas Cook, Jr., Asst. Dist. Atty., Athens, Arthur K. Bolton, Atty. Gen., Kirby G. Atkinson, Asst. Atty. Gen., Atlanta, for appellee.
Appellant was convicted for the murder of her husband; she received a sentence of life imprisonment; and she has appealed.
Several eyewitnesses testified as to the shooting of the victim by the appellant. The appellant testified in her own behalf, and she contended that she had shot her husband out of fear because she thought that he would shoot her. The appellant has enumerated two errors in this court. Her first contention is that the trial court committed error in permitting a witness to testify as a surprise to the defense. Under the facts presented in this case, this contention is without merit. Sheats v. State, 237 Ga. 757, 229 S.E.2d 600 (1976).
Her second contention is that the trial court committed error and abused its discretion in failing to charge the jury on the lesser included offense of voluntary manslaughter when the evidence presented at trial warranted such a charge. Under the rules laid down in State v. Stonaker,236 Ga. 1, 222 S.E.2d 354 (1976), this contention is without merit.
The judgment below must be affirmed.
Judgment affirmed.
All the Justices concur.
To continue reading
Request your trial
-
Jackson v. State
...is evidence of voluntary manslaughter was rejected in Graham v. State, 236 Ga. 378, 384, 223 S.E.2d 803 (1976) and Mitchell v. State, 238 Ga. 420, 233 S.E.2d 173 (1977). It is clear that the rule set forth in Reeves v. State, 234 Ga. 896, 218 S.E.2d 625 (1975); Williams v. State, 232 Ga. 20......
-
Banks v. State, 33941
...not error. State v. Stonaker, 236 Ga. 1, 2, 222 S.E.2d 354 (1976); Birt v. State, 238 Ga. 402, 233 S.E.2d 362 (1977); Mitchell v. State, 238 Ga. 420, 233 S.E.2d 173 (1977). The first enumeration of error is without 2. Appellant contends that he was deprived of equal protection of the law un......
-
Boynton v. Carswell, s. 31459
... ... 418] which they contended that the complaints failed to state a claim upon which relief could be granted; they contended that the taxpayers had an adequate ... ...