Simpson v. State, (No. 4,499.)
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | RUSSELL |
| Citation | 12 Ga.App. 292,77 S.E. 105 |
| Parties | SIMPSON. v. STATE. |
| Docket Number | (No. 4,499.) |
| Decision Date | 11 February 1913 |
77 S.E. 105
12 Ga.App. 292
SIMPSON.
v.
STATE.
(No. 4, 499.)
Court of Appeals of Georgia.
Feb. 11, 1913.
1. Voluntary Manslaughter — Evidence_ Instructions.
The evidence authorized the court to instruct the jury upon the subject of voluntary manslaughter.
2. Homicide (§ 300*) — Self-Defense — Instructions.
The trial judge fully and correctly presented to the jury the rules of law applicable to a case of homicide, where it is sought to justify it by the reasonable fears of the slayer, and an instruction, in this connection, that "the law does not justify a killing by one who believes he has grounds to fear that he will be injured, without any regard to the extent of the injury, " was not error.
[Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 614-632; Dee. Dig. § 300.*]
3. Criminal Law (§ 1172*)—Appeal and Error—Right to Allege Error—Prejudice.
The accused was not convicted of murder, but of voluntary manslaughter. For this reason the instructions upon the subject of malice could not have been prejudicial to the accused in any of the respects or for any of the reasons pointed out in the assignments of error. One tried for murder, but convicted only of manslaughter, cannot successfully assign error upon instructions of the trial judge as to malice, without showing that the instructions alleged to be erroneous in some way influenced and conduced to the verdict actually rendered.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 3128, 3154, 3157, 3159-3163; Dec. Dig. § 1172.*]
4. Criminal Law (§ 561*) — Evidence — Included Offenses—Reasonable Doubt.
If a jury, upon the trial of a criminal case, are satisfied from the evidence, beyond a reasonable doubt, that the accused is guilty of one of two or more offenses of which the defendant may lawfully be convicted under the indictment against him, but have reasonable doubt as to which of these offenses the defendant is guilty of, it is their duty to give him the benefit of the doubt, and find him guilty only of the lower grade of offense, and the trial judge did not err in instructing the jury to this...
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Mika v. State, Nos. 14580, 14581.
...66; Dawson v. State, 130 Ga. 127, 133, 60 S.E. 315. See Reams v. State, 24 Ga.App. 135(1), (3), 100 S.E. 230, and cit.; Simpson v. State, 12 Ga.App. 292(3), 77 S.E. 105. The cases here involved were not robbery by intimidation under the Code, §§ 26-2501, 26-2503, which is punishable by impr......
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Lester v. State, No. 31424.
...erroneous, any error on the subject of murder or malice would be harmless. McDuffie v. State, 121 Ga. 580, 49 S.E. 708; Simpson v. State, 12 Ga.App. 292, 77 S.E. 105; Gray v. State, 12 Ga.App. 634(1), 77 S.E. 916; Land v. State, 11 Ga.App. 761(2), 76 S.E. 78; Faison v. State, 13 Ga.App. 180......
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Kimball v. State, No. 28215.
...of the lesser offense. The excerpt of the charge complained of is in effect the same as a charge given in the case of Simpson v. State, 12 Ga.App. 292 (4), 77 S.E. 105, and is applicable to the case at bar. There is no merit in this ground. 8. The excerpt of the charge complained of in spec......
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Jones v. State, No. 25144.
...therefor unless it is plainly shown that the erroneous charge wrongful ly led to or influenced the verdict rendered. Simpson v. State, 12 Ga. App. 292, 77 S. E. 105; Williams v. State, 12 Ga. App. 337, 77 S. E. 189; Hooks v. State, 27 Ga. App. 587, 110 S. E. 316; Dunwoody v. State, 23 Ga. A......
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Mika v. State, Nos. 14580, 14581.
...66; Dawson v. State, 130 Ga. 127, 133, 60 S.E. 315. See Reams v. State, 24 Ga.App. 135(1), (3), 100 S.E. 230, and cit.; Simpson v. State, 12 Ga.App. 292(3), 77 S.E. 105. The cases here involved were not robbery by intimidation under the Code, §§ 26-2501, 26-2503, which is punishable by impr......
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Lester v. State, No. 31424.
...erroneous, any error on the subject of murder or malice would be harmless. McDuffie v. State, 121 Ga. 580, 49 S.E. 708; Simpson v. State, 12 Ga.App. 292, 77 S.E. 105; Gray v. State, 12 Ga.App. 634(1), 77 S.E. 916; Land v. State, 11 Ga.App. 761(2), 76 S.E. 78; Faison v. State, 13 Ga.App. 180......
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Kimball v. State, No. 28215.
...of the lesser offense. The excerpt of the charge complained of is in effect the same as a charge given in the case of Simpson v. State, 12 Ga.App. 292 (4), 77 S.E. 105, and is applicable to the case at bar. There is no merit in this ground. 8. The excerpt of the charge complained of in spec......
-
Jones v. State, No. 25144.
...therefor unless it is plainly shown that the erroneous charge wrongful ly led to or influenced the verdict rendered. Simpson v. State, 12 Ga. App. 292, 77 S. E. 105; Williams v. State, 12 Ga. App. 337, 77 S. E. 189; Hooks v. State, 27 Ga. App. 587, 110 S. E. 316; Dunwoody v. State, 23 Ga. A......