Wilson v. State
| Decision Date | 12 July 1923 |
| Docket Number | 3759. |
| Citation | 118 S.E. 427,156 Ga. 42 |
| Parties | WILSON v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
A ground of a motion for new trial, alleging that "the court erred in not charging the law of voluntary manslaughter," is too vague and indefinite an assignment of error to raise any question for determination by this court. Smith v. State, 125 Ga. 300, 54 S.E. 124. This was a decision by a full bench, and it has not been overruled. In Spence v. Morrow, 128 Ga. 722, 58 S.E. 356, it was quoted approvingly and followed by this court. In Burney v. State, 142 Ga. 812, 83 S.E. 937, this court held that the ruling in the Smith Case would not be extended, but the ruling was not modified nor reversed; and in Livingston v. State, 148 Ga. 686, 97 S.E. 854, this court expressly declined a request that the Smith Case be reviewed and overruled.
There are no other errors of law complained of, and the evidence warranted the verdict. The trial court properly refused to grant a new trial.
Error from Superior Court, Johnson County; E. T. Shurley, Presiding Judge.
Dave Wilson was convicted of an offense, and he brings error. Affirmed.
Evans & Evans, of Sandersville, for plaintiff in error.
E. L. Stephens, Sol. Gen., of Wrightsville, Geo. M. Napier, Atty. Gen., and Seward M. Smith, Asst. Atty. Gen., for the State.
Judgment affirmed.
All the Justices concur.
To continue reading
Request your trial
-
Norris v. State
...Morrow, 128 Ga. 722, 58 S.E. 356; Burney v. State, 142 Ga. 812, 83 S.E. 937; Livingston v. State, 148 Ga. 686, 97 S.E. 854; Wilson v. State, 156 Ga. 42, 118 S.E. 427; Burley v. State, 158 Ga. 849 (3), 124 S.E. 532; Harris v. State, 178 Ga. 746 (3), 174 S.E. 240; Parham v. State, 180 Ga. 233......
-
Norris v. State
... ... question for determination by this court. Smith v ... State, 125 Ga. 300, 54 S.E. 124; Spence v ... Morrow, 128 Ga. 722, 58 S.E. 356; Burney v ... State, 142 Ga. 812, 83 S.E. 937; Livingston v ... State, 148 Ga. 686, 97 S.E. 854; Wilson v ... State, 156 Ga. 42, 118 S.E. 427; Burley v ... State, 158 Ga. 849(3), 124 S.E. 532; Harris v ... State, 178 Ga. 746(3), 174 S.E. 240; Parham v ... State, 180 Ga. 233(2), 178 S.E. 648; Bryant v ... State, 180 Ga. 238, 178 S.E. 651 ... 2. A ... request to charge ... ...
-
Harris v. State
...an assignment of error to raise any question for determination by this court" Smith v. State, 125 Ga. 300, 54 S. E. 124. And see Wilson v. State, 156 Ga. 42, US S. E. 42T. It has also been held that "an assignment of error upon the court's failure to charge the law upon the subject of invol......
- Wilson v. State, (No. 3759.)