Williams v. State, 51760
| Decision Date | 09 July 1976 |
| Docket Number | No. 1,No. 51760,51760,1 |
| Citation | 139 Ga.App. 395,228 S.E.2d 330 |
| Parties | E. J. WILLIAMS v. The STATE |
| Court | Georgia Court of Appeals |
Frank B. Lanneau, III, Macon, for appellant.
Fred M. Hasty, Dist. Atty., W. Donald Thompson, Walker P. Johnson, Jr., Asst. Dist. Attys., Macon, for appellee.
Defendant was indicted for murder but was convicted of voluntary manslaughter. Held:
1. The evidence authorized the conviction.
2. The trial court did not err in failing to charge that the defendant denied being guilty of voluntary manslaughter. The jury was correctly charged that the defendant's plea of not guilty challenges and denies every material allegation in the indictment; that the state had the burden of proving the defendant's guilt beyond a reasonable doubt; and that voluntary manslaughter was a lesser included offense. By the plea of not guilty to murder the defendant equally denied his guilt of the lesser degree of unlawful homicide. The jury could not have been confused or misled. As the instructions applied to the offense charged, they apply to all lesser included material parts or offenses.
3. The court failed to give a requested charge on involuntary manslaughter in the commission of a lawful act in an unlawful manner. There was no error as there is no evidence that the death occurred unintentionally from the commission of a lawful act in an unlawful manner. Teal v. State, 122 Ga.App. 532(4), 177 S.E.2d 840.
4. Defendant complains that the court erred in failing to give a requested charge that the state had to prove beyond a reasonable doubt that the defendant did not act in self-defense. The enumeration is without merit. The requested instruction concludes with the following language: '. . . if the evidence has created a reasonable doubt that the defendant did not act in self-defense, you must find him not guilty.' The double negative employed distorts the law and could not have been given. Additionally, the requested charge was adequately covered by the general charge which placed the burden of proof on the state to establish the defendant's guilt beyond a reasonable doubt and reflected that a showing of self-defense would prevent a conviction. Of particular importance is the following extract from the charges given: 'Any evidence in the nature of justification of self-defense could be considered by you in connection with all other facts and circumstances of the case and if in...
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Carroll v. State, 53940
...This enumeration of error is without merit. Bailey v. State, 142 Ga.App. 202, 235 S.E.2d 650 (1977). See Williams v. State, 139 Ga.App. 395, 396(5), 228 S.E.2d 330 (1976). Judgment QUILLIAN, P. J., and SHULMAN, J., concur. ...
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Rubiano v. State, 55636
...to the defendant's contentions does not result in an improper shifting of the evidentiary burdens to him. See also Williams v. State, 139 Ga.App. 395(5), 228 S.E.2d 330 (1976); Riley v. State, 140 Ga.App. 207(1), 230 S.E.2d 356 (1976); Bailey v. State, 142 Ga.App. 202(1), 235 S.E.2d 650 (19......