Paynter v. State
| Decision Date | 15 November 1982 |
| Docket Number | No. 64530,64530 |
| Citation | 164 Ga.App. 391,297 S.E.2d 327 |
| Parties | PAYNTER v. The STATE. |
| Court | Georgia Court of Appeals |
John E. Sawhill, III, Rome, for appellant.
Larry Salmon, Dist. Atty., Stephen Lanier, Asst. Dist. Atty., Rome, for appellee.
Appellant was indicted for murder and convicted of voluntary manslaughter. In his instructions to the jury, the trial judge gave a charge both on murder and voluntary manslaughter. The appellant objected to the giving of an instruction on voluntary manslaughter on the ground that there was no evidence which would authorize such a charge. Appellant contended that, under the evidence adduced at trial, he was either guilty of murder or he was innocent of any offense. During its deliberations, the jury requested that certain portions of the charge be repeated and the trial judge re-charged on voluntary manslaughter. Appellant again objected. Appellant's sole contention of error is that there was no evidence authorizing a charge on voluntary manslaughter.
The evidence shows that the victim and two others went to the house owned by appellant's parents. The purpose of the visit was to collect a drug debt allegedly owed by appellant's brother. Appellant, having been awakened by someone entering the home, grabbed a shotgun and went downstairs to confront the group. There is a conflict in the evidence as to what actually occurred before the victim was shot in the back by the gun held by appellant. The state's witnesses testified that after appellant confronted the three men, there was a heated discussion concerning the money owed, and as the three men turned to leave, the gun went off. Appellant testified that as he first entered the room, he was struck by one of the men and the gun he was holding accidently discharged. However, appellant also contended that the incident was "self defense," in that "the man was beating [him] up," and there "was three of them." This latter version was also supported by a statement made by a state's witness immediately after the incident that appellant was struck by one of the men before the gun discharged.
It has long been held that Holmes v. The State, 162 Ga.App. 717, 718, 293 S.E.2d 16 (1982). Ward v. The State, 151 Ga.App. 36(1), 258 S.E.2d 699 (1979).
Appellant correctly asserts that "words alone, regardless of the degree of their insulting nature, 'will [not] in any case justify the excitement of passion so as to reduce the crime from murder to manslaughter where the killing is done solely on account of the indignation aroused by use of opprobrious words.' " Brooks v....
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Lindsey v. State, A90A0630
...not err in giving the disputed instruction." Brooks v. State, 170 Ga.App. 171, 172, 316 S.E.2d 815 (1984). See also Paynter v. State, 164 Ga.App. 391, 297 S.E.2d 327 (1982). 4. The trial court's failure to instruct on involuntary manslaughter is enumerated as error. However, the record show......
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Dyer v. State, 66013
... ... See Holmes v. State, 162 Ga.App. 717, 293 S.E.2d 16 (1982). Following a careful review of the evidence in this case, we find there was sufficient evidence to authorize a charge on voluntary manslaughter. See generally, Lightsey v. State, 160 Ga.App. 62, 286 S.E.2d 41 (1981); Paynter v. State, 164 Ga.App. 391, 297 S.E.2d 327 (1982) ... 2. Appellant enumerates as error the trial court's failure to give certain jury instructions on the principle of impeachment. The instructions were not requested and the failure to give them was not [167 Ga.App. 311] raised in ... ...
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Wilson v. State, 68087
...to the law of both offenses should be given the jury." ' " Raines v. State, 247 Ga. 504(1), 506, 277 S.E.2d 47. Accord, Paynter v. State, 164 Ga.App. 391, 297 S.E.2d 327; Daniels v. State, 165 Ga.App. 397(4), 299 S.E.2d 4. The trial court did not err in failing to charge on involuntary mans......
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Wright v. State
...to reduce a homicide from murder to voluntary manslaughter. Although this is a correct statement of the law, Paynter v. State, 164 Ga.App. 391, 297 S.E.2d 327 (1982), that rule has no application The evidence would clearly support a charge of murder, as it is apparent that appellant walked ......