Swain v. State

Special grounds 1 and 3 of the amended motion for a new trial complain of 'the failure of the trial court to charge in specified particulars as to circumstantial evidence. The State having introduced proof of an inculpatory statement on the part of the defendant, from which it appeared that he had shot the victim, the evidence against him was not wholly circumstantial; and therefore, in the absence of a request, it was not error to fail to charge on circumstantial evidence, as set out in these special grounds. Strickland v. State, 167 Ga. 452 (1) (145 S. E. 879); Bowen v. State, 181 Ga. 427…