Nail v. State
| Decision Date | 10 May 1906 |
| Citation | 125 Ga. 234,54 S.E. 145 |
| Parties | NAIL. v. STATE. |
| Court | Georgia Supreme Court |
Where, upon a trial for murder, the evidence for the state, if credible, showed that the homicide was without justification or extenuating circumstances, and the evidence for the accused and his statement to the jury were to the effect that he took the life of the deceased in self-defense, the following instruction was not cause for a new trial: "The killing shown to have been done by the defendant, the law presumes it was done with malice, unless the contrary is made to appear to you." Tolbirt v. State, 53 S. E. 327, 124 Ga. 767, and citations.
[Ed. Note.—For cases in point, see vol. 26, Cent. Dig. Homicide, §§ 268, 590.]
As has been frequently ruled, an instruction correct in itself is not rendered erroneous by a failure to charge some other pertinent legal proposition.
Even if the evidence authorized a charge on the law of confessions, the failure to instruct the jury on that subject, in the absence of an appropriate written request so to do, was no cause for a new trial. Patterson v. State, 52 S. E. 534, 124 Ga. 408.
There was ample evidence to authorize the verdict, and the court did not err in overruling the motion for a new trial.
(Syllabus by the Court.)
Error from Superior Court, Appling County; T. A. Parker, Judge.
Will Nail was convicted of murder, and brings error. Affirmed.
W. W. Bennett, for plaintiff in error.
Jno. W. Bennett, Sol. Gen., and Jno. C. Hart, Atty. Gen., for the State.
FISH, C. J. Judgment affirmed. All the Justices concur.
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Chapman v. State
...... Among the cases in which such a ruling is made are:. Malone v. State, 77 Ga. 768 (5); Nobles v. State, 98 Ga. 73, 26 S.E. 64, 38 L.R.A. 577; Walker. v. State, 118 Ga. 34, 44 S.E. 850; Patterson v. State, 124 Ga. 408, 52 S.E. 534; Nail v. State,. 125 Ga. 234, 54 S.E. 145; Pierce v. State, 132 Ga. 27, 63 S.E. 792; Cantrell v. State, 141 Ga. 98, 80. S.E. 649; White v. State, 141 Ga. 526, 81 S.E. 440;. Thomas v. State, 150 Ga. 269, 271, 103 S.E. 244;. Baker v. State, 14 Ga.App. 578, 582, 81 S.E. 805;. Cooner v. State, 16 ......
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Thomas v. State
...... show confessions of guilt by the accused, that it was not. cause for a new trial for the judge to fail, in the absence. of a timely and appropriate written request, to instruct the. jury on the subject of confessions. Among the cases in which. such ruling was made are Nail v. State, 125 Ga. 234,. 54 S.E. 145; Pierce v. State, 132 Ga. 27, 63 S.E. 792; Cantrell v. State, 141 Ga. 98, 80 S.E. 649;. White v. State, 141 Ga. 526, 81 S.E. 440. In. Nobles v. State, 98 Ga. 73, 26 S.E. 64, 38 L.R.A. 577, it was held, where the charge of the court upon the. subject of ......
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Thomas v. State
......Among the cases in which such ruling was made are Nail v. State, 125 Ga. 234, 54 S. E. 145; Pierce v. State, 132 Ga. 27, 63 S. E. 792; Cantrell v. State, 141 Ga. 98, 80 S. E. 649; White v. State, 141 Ga. 526, 81 S. E. 440. In Nobles v. State, 98 Ga. 73, 26 S. E. 64, 38 L. K. A. 577, it was held, where the charge of the court upon the ......
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Chapman v. State, (No. 12888.)
...73, 26 S. E. 64, 38 L. R. A. 577; Walker v. State, 118 Ga. 34, 44 S. E. 850; Patterson v. State, 124 Ga. 408, 52 S. E. 534; Nail v. State, 125 Ga. 234, 54 S. E. 145; Pierce v. State, 132 Ga. 27, 63 S. E. 792; Cantrell v. State, 141 Ga. 98, 80 S. E. 649; White v. State, 141 Ga. 526, 81 S. E.......