Willis v. State

Decision Date20 September 1940
Docket Number28414.
PartiesWILLIS v. STATE.
CourtGeorgia Court of Appeals

Geo. B. Culpepper, Jr., of Fort Valley, for plaintiff in error.

Chas. H. Garrett, Sol. Gen., of Macon, for defendant in error.

BROYLES, Chief Judge.

1. "It is well settled by numerous rulings of the Supreme Court and of this court that the law of voluntary manslaughter may properly be given in charge to the jury on the trial of one indicted for murder, where, from the evidence or from the defendant's statement to the jury, there is anything deducible which would tend to show that he was guilty of manslaughter ***, or which would be sufficient to raise a doubt as to whether the homicide was murder or manslaughter. Reeves v. State, 22 Ga.App. [628] 629, 97 S.E. 115. It is likewise well settled that it is the prerogative of the jury to accept the defendant's statement as a whole, or to reject it as a whole, to believe it in part, or disbelieve it in part. In the exercise of this discretion they are unlimited. Brown v. State, 10 Ga.App. 50(1), 54, 55, 72 S.E. 537." May v. State, 24 Ga.App. 379, 382, 100 S.E. 797, 799; Salter v. State, 39 Ga.App. 13, 145 S.E. 918.

2. Applying the foregoing rulings to the facts of the instant case, it does not appear that the court erred in instructing the jury on the law of voluntary manslaughter; or that the verdict of voluntary manslaughter was not authorized by the evidence.

Judgment affirmed.

MacINTYRE and GARDNER, JJ., concur.

To continue reading

Request your trial
8 cases
  • Reeves v. State
    • United States
    • Georgia Supreme Court
    • September 9, 1943
    ... ... acts were rational and he seemed to be fully aware of ... [27 S.E.2d 376] ... he was about to do or had done. See Code, § ... 38-415; Brown v. State, 148 Ga. 264, 265, 96 S.E ... 435; Rozier v. State, 185 Ga. 317, 319, 195 S.E ... 172, and cit.; Willis v. State, 63 Ga.App. 262, 10 ... S.E.2d 763, and cit ...          2 ... It was not erroneous or prejudicial to the defendant to ... charge to the jury the language of the Code, § 26-303, as to ... criminal responsibility in cases of lunatics or persons ... insane, with or without ... ...
  • Reeves v. State
    • United States
    • Georgia Supreme Court
    • September 9, 1943
    ...§ 38-415; Brown v. State, 148 Ga. 264, 265, 96 S.E. 435; Rozier v. State, 185 Ga. 317, 319, 195 S.E. 172, and cit.; Willis v. State, 63 Ga.App. 262, 10 S.E.2d 763, and cit. 2. It was not erroneous or prejudicial to the defendant to charge to the jury the language of the Code, § 26-303, as t......
  • McClenton v. State, 57715
    • United States
    • Georgia Court of Appeals
    • September 4, 1979
    ...exculpatory. Hearn v. State, 145 Ga.App. 469(1), 243 S.E.2d 728. See also Cox v. State, 172 Ga. 482(3), 158 S.E. 17; Willis v. State, 63 Ga.App. 262(1), 10 S.E.2d 763; Jones v. State, 71 Ga.App. 56, 57, 30 S.E.2d 284. While the evidence was sufficient to authorize the jury to return a verdi......
  • Holloway v. State
    • United States
    • Georgia Court of Appeals
    • December 2, 1975
    ...his testimony. See Code §§ 38-104, 38-105, 38-106, 38-107. Also see Jackson v. State, 13 Ga.App. 147(1), 78 S.E. 867; Willis v. State, 63 Ga.App. 262(1), 10 S.E.2d 763; Largin v. State, 77 Ga.App. 111, 119, 47 S.E.2d 895; Cox v. State, 172 Ga. 482(3),158 S.E. 7. Having considered each and e......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT