DocketNumber: 31389.
Citation Numbers: 39 S.E.2d 758, 74 Ga. App. 386
Judges: BROYLES, C. J.
Filed Date: 10/8/1946
Status: Precedential
Modified Date: 1/12/2023
The evidence authorized the verdict, and the denial of a new trial was not error.
As stated by counsel for both parties, the only question here presented is whether the evidence in this case authorized the verdict. Under the evidence and the defendant's statement to the jury, the questions as to whether the shooting by the defendant was justified, as being in self-defense or under the fears of a reasonable man, or whether the shooting was not justified in that it was not in self-defense, nor under circumstances that would cause a reasonable man to believe that a felony was about to be committed upon him *Page 387 by the person shot, were for the determination of the jury, under proper instructions by the court. And the court did properly instruct the jury, as shown by the fact that no exception was taken to its charge.
"Neither malice nor deliberation is essential to the unlawfulness of the shooting. The shooting might be done under considerable provocation, and in the sequel of a combat in which the prisoner was blameless, and still be unlawful." Hadley v.State,
The denial of a new trial was not error.
Judgment affirmed. MacIntyre and Gardner, JJ., concur.