Monroe v. State, 34665
| Decision Date | 09 June 1953 |
| Docket Number | No. 34665,No. 2,34665,2 |
| Citation | 88 Ga.App. 325,77 S.E.2d 60 |
| Parties | MONROE v. STATE |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
1. Where, as here, the aproval by the trial judge of a special ground of the motion for a new trial is so qualified as not to afford this court a complete statement of the material facts to which the objection, the overruling of which is assigned as error, was interposed, such a ground cannot be considered by this court.
2. (a) While the rule of law, as set out in Code, § 70-207, that a new trial may be granted in all cases where the presiding judge may refuse to give a pertinent legal charge in the language requested when the charge so requested is put in writing, is recognized, such a charge need not be in the exact language of the request. The rule is met where the charge as given by the court gives the principle of law as specifically and concretely adjusted to the facts as is requested. The charge here given stated the contentions of the defendant substantially in the language requested insofar as the same related to the principles of law involved in her defense. The matter deleted from the request was merely a narrative resume of the defendant's statement as to prior transactions, and a part of such matter was supported by neither the evidence nor the defendant's statement.
(b) The charge as given by the trial court on the subject of reasonable fear as a defense was correct and complete. It embodied every element contained in the request and meets the requirements of the rule set out in division (a) hereof, although not in the exact language of the request.
3. The verdict is supported by the evidence and, having the approval of the trial court, will not be disturbed.
Leola Monroe was indicted and tried in the Superior Court of Bibb County for murder, and was convicted of voluntary manslaughter. The defendant did not deny that she shot the deceased with a pistol, causing his death, but sought to show that the killing was done under circumstances amounting to justification. Following her conviction, she filed a motion for new trial on the general grounds, which was later amended by adding three special grounds, and the overruling of this motion is assigned as error.
E. W. Maynard, Kenneth L. Leake, H. T. O'Neal, Jr., Macon, for plaintiff in error.
Wm. M. West, Sol. Gen., Chas. F. Adams, Asst. Sol. Gen., Macon, for defendant in error.
1. The first special ground assigns error on the failure of the court to sustain an objection to alleged improper argument on the part of the assistant solicitor general. The original statement of the solicitor to which the objection was directed does not appear in the record, and the trial court, while certifying that the subsequent colloquy between the parties is correctly reported, does not certify to the truth of the solicitor's allegedly prejudicial argument as indicated by the statements of counsel for the defendant. The solicitor's argument as interpreted by counsel for the defendant was harmful and prejudicial, but, as subsequently restated by the solicitor for the record, was not objectionable. However, the defendant's construction of the argument is not certified as true by the trial court, and, for this reason, the ground presents nothing for decision by this court. See Clardy v. State, 87 Ga.App. 633(1), 75 S.E.2d 208.
2. (a) Error is assigned in the second special ground on the refusal of the trial court to give in charge a request as follows: ...
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