Whitehead v. State

Hooper, J,

1. “It is the duty of the presiding judge to instruct the jury substantially in the terms of the statute touching the prisoner’s statement, when he makes a statement, and in no case should this be omitted. The failure to so charge will be cause for a new trial, except where it is manifest from the record that the accused was not injured thereby.” Vinson v. State, 124 Ga. 453 (52 S. E. 761), and cit.; Bullard v. State, 31 Ga. App. 559 (121 S. E. 130). Where, however, the statement of the defendant is entirely consistent with the evidence of the State, and, as in this case,…