Ogletree v. State, No. 18006
| Court | Supreme Court of Georgia |
| Writing for the Court | CANDLER; All the Justices concur, except WYATT |
| Citation | 73 S.E.2d 201,209 Ga. 413 |
| Parties | OGLETREE v. STATE. |
| Docket Number | No. 18006 |
| Decision Date | 12 November 1952 |
Page 201
v.
STATE.
[209 Ga. 415] Reuben A. Garland, Marvin O'Neal, Jr., Atlanta, for plaintiff in error.
Benjamin B. Garland, Sol. Gen., Jackson, A. M. Zellner, Hugh D. Sosebee, Forsyth, Eugene Cook, Atty. Gen., Rubye G. Jackson, Atlanta, for defendant in error.
Syllabus Opinion by the Court.
[209 Ga. 413] CANDLER, Justice.
1. The defendant was indicted by a grand jury in the Superior Court of Monroe County for the murder of James William Bell and, upon his conviction of that offense without any recommendation, was sentenced to be electrocuted. The verdict, as the record shows, is amply supported by evidence and has the approval of the trial judge; this being true, the general grounds of the motion for new trial are without merit.
2. The court charged: 'Manslaughter is the unlawful killing of a human creature, without malice, either express or implied, and without any mixture of deliberation whatever, which may be voluntary, upon a sudden heat of passion, or involuntary in the commission of an unlawful act, or a lawful act without due caution and circumspection.' In addition to this,
Page 202
the accused, in writing, requested the following charge: 'If the homicide was unlawful and, if there was no intent to kill and no malice, and it was without any mixture of deliberation whatever, but was in the commission of an unlawful act, the offense would be involuntary manslaughter in the commission of an unlawful act.' It is alleged in the special ground 1 of the motion for new trial that the court erred in failing to give the requested charge, since it was fully authorized by the defendant's statement. There is no merit in this. The requested charge is not adjusted to the evidence. It is not alleged in the motion for new trial, or otherwise shown by the record, that the request was made, as required by the statute and the decisions of this court, before the jury retired to consider the case; and such allegation being necessary, this ground of the motion is incomplete and accordingly shows no error. See Brooks v. State, 96 Ga. 353, 23 S.E. 413; Rogers v. Manning, 200 Ga. 844, 38 S.E.2d 724; Ehrlich v. Mills, 203 Ga. 600, 48 S.E.2d 107; Woodruff v. State, 204 Ga. 17, 48 S.E.2d 885; McLeod v. State, 22 Ga.App. 241, 95 S.E. 934; Code, § 81-1101.3. Special ground 2 of the motion complains of the following charge: 'If you find the homicide proved as alleged and the evidence adduced to establish the killing does not show circumstances of justification or alleviation, malice may be inferred; but, if you find the evidence relied on by the State to show the killing contains circumstances of alleviation or justification, the burden of proving the crime is murder is not shifted. The law presumes every homicide to be felonious until the contrary appears from circumstances of alleviation, excuse, or justification, and it...
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Scott v. State, No. 45161
...State, 115 Ga.App. 387(6), 154 S.E.2d 781. Examination of the cases of Smith v. State, 203 Ga. 317(4), 46 S.E.2d 583; Ogletree v. State, 209 Ga. 413(3), 73 S.E.2d 201; Jackson v. State, 213 Ga. 275(3), 98 S.E.2d 571 and Satterfield v. State, 68 Ga.App. 7, 21 S.E.2d 861 are not authority for......
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Wilburn v. State, No. 27895
...221(4), 69 S.E. 171; Plummer v. State, 200 Ga. 641(1), 38 S.E.2d 411; Carrigan v. State, 206 Ga. 707, 58 S.E.2d 407; Ogletree v. State, 209 Ga. 413(3), 73 S.E.2d 201; Fisher v. State, 228 Ga. 100(2), 184 S.E.2d 156; Chandle v. State, 230 Ga. 574, 198 S.E.2d The evidence was sufficient to su......
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Goldstein v. Karr, No. 40743
...S.E.2d 231; Ehrlich v. Mills, 203 Ga. 600, 601(2), 48 S.E.2d 107; Woodruff v. State, 204 Ga. 17, 18(4), 48 S.E.2d 885; Ogletree v. State, 209 Ga. 413(2), 73 S.E.2d 201; Hooks v. State, 215 Ga. 869, 871(4), 114 S.E.2d The general grounds were expressly abandoned. Judgment affirmed. JORDAN an......
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Mathews v. McCorkle, No. 40978
...S.E.2d 231; Ehrlich v. Mills, 203 Ga. 600, 601(2), 48 S.E.2d 107; Woodruff v. State, 204 Ga. 17, 18(4), 48 S.E.2d 885; Ogletree v. State, 209 Ga. 413(2), 73 S.E.2d 201; Hooks v. State, 215 Ga. 869, 871(4), 114 S.E.2d 5. The trial judge did not err in overruling the defendant's special demur......
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Scott v. State, No. 45161
...State, 115 Ga.App. 387(6), 154 S.E.2d 781. Examination of the cases of Smith v. State, 203 Ga. 317(4), 46 S.E.2d 583; Ogletree v. State, 209 Ga. 413(3), 73 S.E.2d 201; Jackson v. State, 213 Ga. 275(3), 98 S.E.2d 571 and Satterfield v. State, 68 Ga.App. 7, 21 S.E.2d 861 are not authority for......
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Wilburn v. State, No. 27895
...221(4), 69 S.E. 171; Plummer v. State, 200 Ga. 641(1), 38 S.E.2d 411; Carrigan v. State, 206 Ga. 707, 58 S.E.2d 407; Ogletree v. State, 209 Ga. 413(3), 73 S.E.2d 201; Fisher v. State, 228 Ga. 100(2), 184 S.E.2d 156; Chandle v. State, 230 Ga. 574, 198 S.E.2d The evidence was sufficient to su......
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Goldstein v. Karr, No. 40743
...S.E.2d 231; Ehrlich v. Mills, 203 Ga. 600, 601(2), 48 S.E.2d 107; Woodruff v. State, 204 Ga. 17, 18(4), 48 S.E.2d 885; Ogletree v. State, 209 Ga. 413(2), 73 S.E.2d 201; Hooks v. State, 215 Ga. 869, 871(4), 114 S.E.2d The general grounds were expressly abandoned. Judgment affirmed. JORDAN an......
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Mathews v. McCorkle, No. 40978
...S.E.2d 231; Ehrlich v. Mills, 203 Ga. 600, 601(2), 48 S.E.2d 107; Woodruff v. State, 204 Ga. 17, 18(4), 48 S.E.2d 885; Ogletree v. State, 209 Ga. 413(2), 73 S.E.2d 201; Hooks v. State, 215 Ga. 869, 871(4), 114 S.E.2d 5. The trial judge did not err in overruling the defendant's special demur......