Scott v. State
| Decision Date | 09 January 1912 |
| Citation | 73 S.E. 575,137 Ga. 337 |
| Parties | SCOTT v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where counsel appointed to defend one accused of crime are in consultation with their client, and are requested by the court to proceed with the case, and such counsel proceed with the trial of the case without requesting further time for the preparation of their client's case, it is too late to complain, after the trial, that sufficient time was not allowed for preparation for trial.
The facts of the case do not authorize a charge on the law of voluntary manslaughter.
While the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the case, still such good character of the accused is not a distinct substantive defense. A proper instruction should be given in every case where the accused puts his character in issue; but, in the absence of a timely request, an omission to give a specific charge on the subject will not require a new trial. It is only in exceptional cases where, on the court's failure to charge relative to the good character of the accused, a new trial should be granted. Seymour v. State, 102 Ga. 803, 30 S.E. 263. This case falls within the general rule, and not within the exception.
The failure of the court to give in charge the legal definition of the term "felony," appearing in Penal Code 1910, § 70, which section was given in charge, was not such error as requires a new trial. Pickens v. State, 132 Ga. 46, 63 S.E. 783.
There was no error in the charge on the law of justifiable homicide. The evidence warranted the verdict, and no error appears requiring the grant of a new trial.
Error from Superior Court, Warren County; B. F. Walker, Judge.
Carrie Scott was convicted of a crime, and brings error. Affirmed.
L. D. McGregor and M. E. Evans, for plaintiff in error.
Thos. J. Brown, Sol. Gen., and T. S. Felder, Atty. Gen., for the State.
Judgment affirmed. All the Justices concur.
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