DocketNumber: 10606
Citation Numbers: 24 Ga. App. 274
Judges: Luke
Filed Date: 10/14/1919
Status: Precedential
Modified Date: 1/12/2023
The evidence in this case fully authorized, if indeed it did not demand, the verdict of manslaughter.
The charge given by the court on the law of manslaughter was required. See Trice v. State, 89 Ga. 742 (15 S. E. 648). The court did not err in charging the'jury as follows: “In every ease of an unlawful killing malice will be presumed, wheze no considerable provocation appears and all the circumstances of the killing show an abandoned and malignant heart. If one shoots another without any reason, and, although you may not be able to show that he made up his mind to do so with any degree of deliberation, if he shoots another without any known reason, and all the circumstances show that he did so wantonly, without any reason, without any provocation, the law implies malice in a ease of that sort.” See Harrell v. State, 22 Ga. App. 104 (95 S. E. 537), and
Judgment affirmed.