Tipton v. State

• Citation: 8 Ga. App. 92,68 S.E. 614
• Decision Date: 19 July 1910
• Docket Number: (No. 2,674.)
• Parties: TIPTON v. STATE.
• Court: Georgia Court of Appeals

68 S.E. 614

8 Ga. App. 92

TIPTON

v.STATE.

(No. 2, 674.)

Court of Appeals of Georgia.

July 19, 1910.

(Syllabus by the Court.)

1. Homicide (§ 340^*)—Writ of Error—Review—Harmless Error—Instructions.

The assignments of error as to the court's instructions upon the subject of assault with intent to murder are immaterial, because they were not harmful to the defendant, as is apparent from the fact that the jury found the defendant guilty merely of shooting at another.

[Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 715-720; Dec. Dig. § 340.*]

2. Homicide (§ 309*)—Instructions—Grade or Degree of Offense.

That the judge casually referred to involuntary manslaughter as one of the species included within the general term "manslaughter" affords no ground for reversal, in view of the fact that no reference whatever was made to the subject of involuntary manslaughter in directing the attention of the jury to the applicability of the facts as they might find them to the law.

[Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 649-656; Dec Dig. § 309.*] 8. Correct Charge.

The defendant's defense of justification was fairly presented to the jury. 4. Review on Appeal.

While some minor errors appear in the record, none of them could have prejudiced the rights of the defendant. Viewing the record as a whole, the defendant had a fair and legal trial, and no reason appears why the case should again be tried.

Error from Superior Court, Walker County; Jno. W. Maddox, Judge.

Charles Tipton was convicted of crime, and he brings error. Affirmed.

J. E. Rosser, F. W. Copeland, Earl Jackson, and W. M. Henry, for plaintiff in error.

Jno. W. Bale, Sol. Gen., for the State.

RUSSELL, J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes