Prince v. State, 54097
| Decision Date | 06 July 1977 |
| Docket Number | No. 54097,No. 1,54097,1 |
| Citation | 142 Ga.App. 734,236 S.E.2d 918 |
| Parties | Lawrence N. PRINCE v. The STATE |
| Court | Georgia Court of Appeals |
Al Horn, Charles Thornton, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Asst. Dist. Atty., R. David Petersen, Asst. Dist. Atty., Atlanta, for appellee.
The defendant was indicted for the murder of his brother and convicted of voluntary manslaughter. Defendant appeals. Held :
1. There was evidence of the following: Approximately three months prior to this incident the father of these brothers had passed away, and that all of the family, including the administrator of his father's estate, had delegated to defendant the responsibility of caretaker for the home of the deceased father. This incident involving a death by shotgun occurred at that home when, according to defendant's testimony, he had opened the door about five after eleven that night and allowed his brother (the deceased) to enter since his brother expressed a desire to talk to him. Defendant further testified that upon his brother's entry into the home Therefore, there was some evidence that defendant was in lawful possession of the home and was authorized to order his brother to leave. The evidence of the exercise of a lawful act by the unlawful method of threatening him with a deadly weapon is sufficient to raise an issue as to whether defendant's act amounted to involuntary manslaughter under Code, § 26-1103(b) (). The issue of this lesser included offense having been raised by the evidence, and defendant having requested a charge thereon in writing, the court erred in failing to instruct the jury...
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Jackson v. State, 54426
...any charge on that issue. Counsel then properly objected to the charge as given which omitted the requests. See Prince v. State, 142 Ga.App. 734(1), 236 S.E.2d 918 (1977). Tate v. State, 123 Ga.App. 18, 19(2), 179 S.E.2d 307, 308 (1970) and Rogers v. State, 137 Ga.App. 319, 321(4), 223 S.E.......
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Tisdol v. State
...trial court do so charge requires the grant of a new trial. State v. Stonaker, 236 Ga. 1, 2, 222 S.E.2d 354 (1976); Prince v. State, 142 Ga.App. 734, 236 S.E.2d 918 (1977); Malone v. State, 142 Ga.App. 47, 234 S.E.2d 844 (1977); Hensley v. State, 228 Ga. 501(2), 186 S.E.2d 729 2. Appellant ......
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Mullins v. State, 60715
...involving the accidental discharge of guns from its holding in Crawford. For this reason, we believe this court's decision of Prince, supra, rather than the Supreme Court's decision in Crawford, is applicable to the facts of this case. Therefore, the issue of involuntary manslaughter in the......
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