Norris v. State
| Decision Date | 14 May 1937 |
| Docket Number | No. I 1702.,I 1702. |
| Citation | 184 Ga. 397,191 S.E. 375 |
| Parties | NORRIS. v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by Editorial Staff.
Error from Superior Court, Gordon County; C. C. Pittman, Judge.
John Norris was convicted of murder, and he brings error.
Reversed.
Joe M. Lang, of Calhoun, for plaintiff in error.
John C. Mitchell, Sol. Gen, of Dalton, J. H. Paschall, Sol. Gen, of Calhoun, M. J. Yeomans, Atty. Gen, O. H. Dukes, Asst. Atty. Gen, and E. J. Clower, of Atlanta, for the State.
Syllabus Opinion by the Court.
1. A ground of a motion for new trial, after conviction for murder, that the court did not instruct "the jury on the law of voluntary manslaughter, " and "failed to submit to the jury the issue as to whether or not defendant was guilty of the offense of voluntary manslaughter, " is too vague and indefinite an assignment of error to raise any question for determination by this court. Smith v. State, 125 Ga. 300, 54 S.E. 124; Spence v. Morrow, 128 Ga. 722, 58 S.E. 356; Burney v. State, 142 Ga. 812, 83 S.E. 937; Livingston v. State, 148 Ga. 686, 97 S.E. 854; Wilson v. State, 156 Ga. 42, 118 S.E. 427; Burley v. State, 158 Ga. 849 (3), 124 S.E. 532; Harris v. State, 178 Ga. 746 (3), 174 S.E. 240; Parham v. State, 180 Ga. 233 (2), 178 S.E. 648; Bryant v. State, 180 Ga. 238, 178 S.E. 651.
2. A request to charge the jury must be perfect in form; and it is not perfect when an inference is required to make it correct. There is no error in refusing such a request. Scroggs v. State, 147 Ga. 737 (3), 95 S.E. 226; Head v. Bridges, 67 Ga. 227, 228 (4); Carter & Ford v. Brown, 4 Ga.App. 238,, 241, 61 S.E. 142. The request, in the present case, that the court "charge the jury on voluntary manslaughter, on the theory that the deceased was proposing to fight defendant, " falls within the above rule.
3. The court did not err in refusing the oral requests to charge. Requests to charge should be in writing (Code, § 81-1101), and there is no exception to the rule that a refusal to give an oral request to charge is not ground for a new trial. Shedden v. Stiles, 121 Ga. 637, 49 S.E. 719; Johnston v. Gulledge, 115 Ga. 981, 42 S.E. 354.
4. The Code, § 26-1013, declares: "If after persuasion, remonstrance, or other gentle measures used, a forcible attack and invasion on the property or habitation of another cannot be prevented, it shall be justifiable homicide to kill the person so forcibly attacking and invading the property or habitation of another; but it must appear that such killing was absolutely necessary to prevent such attack and invasion, and that a serious injury was intended, or might accrue to the person, property, or family of the person killing." In view of the evidence and the defendant's statement, the above principle was applicable to the present case; and the court erred in refusing timely written requests to give the following in charge to the jury: ...
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Jester v. State
... ... to which it is contended a charge should have been given, and ... states no principle of law that was omitted. Drane v ... State, 147 Ga. 212(2), 93 S.E. 217; Williams v ... State, 176 Ga. 372, 168 S.E. 5; Armstrong v ... State, 181 Ga. 538(3), 183 S.E. 67; Norris v ... State, 184 Ga. 397, 191 S.E. 375; Kennedy v ... State, 191 Ga. 22, 11 S.E.2d 179; Cornelious v ... State, 193 Ga.25, 17 S.E.2d 156 ... 5. It ... is complained that the court erred in not charging the jury ... on the law of accident or misadventure as a defense in ... ...
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Bracewell v. State, 31452.
...cite in support of his contentions in this connection: Smith v. State, 106 Ga. 673, 32 S.E. 851, 71 Am.St.Rep. 286;; Norris v. State, 184 Ga. 397(4), 191 S.E. 375; Wittle v. State, 50 Ga.App. 170, 177 S.E. 356; Glaze v. State, 2 Ga.App. 704, 58 S.E. 1126; Thornton v. State, 18 Ga.App. 744, ......
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Pitts v. State
...180 Ga. 238, 178 S.E. 651; Jackson v. State, 181 Ga. 753, 184 S.E. 279; Harris v. State, 184 Ga. 165, 168, 190 S.E. 554; Norris v. State, 184 Ga. 397, 191 S.E. 375. assignment in the language of the part of Code, § 26-1009 defining involuntary manslaughter has been held to be too indefinite......
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Woodruff v. State
... ... six and seven complain of the refusal of written requests to ... charge on manslaughter, but fail to show that such requests ... were made before the jury retired. These grounds are without ... merit, the first because too indefinite (Norris v ... State, 184 Ga. 397, 191 S.E. 375), and the other two ... because it does not appear that they were submitted within ... the time required by law. Code, §§ 70-207, 81-1101; ... Nickerson v. Porter, 189 Ga. 671, 7 S.E.2d 231; ... Rogers v. Manning, 200 Ga. 844, 38 S.E.2d 724 ... ...