Steed v. State
| Decision Date | 02 August 1905 |
| Citation | 51 S.E. 627,123 Ga. 569 |
| Court | Georgia Supreme Court |
| Parties | STEED. v. STATE. |
An assignment of error in a motion for a new trial that "the court erred in charging the law of conspiracy in said case, there being no evidence to sustain the same, " is too general and indefinite to raise any question for decision.
[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, § 2366.]
A party cannot complain of the court's failure to charge upon a particular theory, when his counsel, in response to a question addressed to him by the court, stated that he did not desire an instruction on such theory. A party cannot complain of an error which his own conduct has induced. Quattlebaum v. State, 46 S. E. 677. 119 Ga. 433 (2); Harris v. State, 47 S. E. 520, 120 Ga. 169; Robinson v. State, 47 S. E. 968, 120 Ga. 312 (2); Nixon v. State, 48 S. E. 966, 121 Ga. 144 (3). Horton v. State, 47 S. E. 969, 120 Ga. 307, differs from the present case and from those cited in that the counsel merely contended to the jury that manslaughter was not involved, and did not make directly to the judge any statement which brought about the failure to charge upon the law of that offense.
[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, § 3008.]
Failure to give an instruction on the subject of impeachment of witnesses, in the absence of a pertinent and proper request, is not cause for a new trial. Baker v. State, 48 S. E. 967, 121 Ga. 189, and cit.; Phillips v. State. 49 S. E. 290, 121 Ga. 358, and cit; Horton v. State, 47 S. E. 969, 120 Ga. 309.
[Ed. Note.—For cases in point, see vol. 14, Cent. Dig. Criminal Law, § 1999; vol. 15, Cent. Dig. Criminal Law, §§ 2210, 2216.]
The alleged newly discovered evidence was impeaching in its nature, as well as cumulative; and, there being some evidence to warrant the verdict, the discretion of the trial judge in overruling the motion for a new trial will not be controlled.
[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, §§ 3068, 3069.]
(Syllabus by the Court.)
Error from Superior Court, Carroll County; R. W. Freeman, Judge.
Orville alias Buster Steed was convicted of murder, and brings error. Affirmed.
Hamrick & Smith, for plaintiff in error.
J. R. Terrell, Sol. Gen., for the State.
COBB, J. Judgment affirmed. All the Justices concurring, except SIMMONS, C. J., absent.
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Sasser v. State
... ... court fail to do this in the absence of a timely written ... request. This is true when the court fails to charge the law ... in regard to the impeachment of witnesses, and it is likewise ... true when he fails to charge the jury as to the purpose of ... impeaching testimony. Steed v. State, 123 Ga. 569, ... 51 S.E. 627; Campbell v. State, 124 Ga. 432, 52 S.E ... 914; Cress v. State, 126 Ga. 564, 55 S.E. 491 ... 9. It ... was shown from the evidence that the deceased was killed ... about half-past 12 o'clock on Saturday night, and the ... ...
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Tanner v. State
...although under some of the evidence that phase of homicide was presented. Cæsar v. State, 127 Ga. 710, 57 S. E. 66; Steed v. State, 123 Ga. 569, 51 S. E. 627. Though counsel for the defendant may argue to the jury that under the evidence his client should be acquitted, the court is not reli......
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Threlkeld v. State
...cases as well as in civil cases. Howard v. State, 115 Ga. 244, 41 S. E. 654. See, also, Caesar v. State, 12T Ga. 711, 57 S. E. 66; Steed v. State, 123 Ga. 569, and citations, 51 S. E. 627; Coney v. State, 90 Ga. 140, 15 S. E. 746; Griffin v. State, 113 Ga. 279, 38 S. E. 844. While a judge i......
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Threlkeld v. State
... ... lie in the mouth of the defendant afterwards to complain. The ... maxim, "Consensus tollit errorem," applies in ... criminal cases as well as in civil cases. Howard v ... State, 115 Ga. 244, 41 S.E. 654. See, also, Caesar ... v. State, 127 Ga. 711, 57 S.E. 66; Steed v ... State, 123 Ga. 569, and citations, 51 S.E. 627; ... Coney v. State, 90 Ga. 140, 15 S.E. 746; Griffin ... v. State, 113 Ga. 279, 38 S.E. 844. While a judge is not ... bound to commit an error simply because he is so requested, ... yet, if an error is committed as the result of a request ... ...