Johnson v. State

Nichols, Chief Justice.

The defendant was indicted for the murder of his former wife by beating her with a board. The jury returned a verdict of guilty of murder, and defendant was sentenced to life imprisonment.

1. The first enumeration of error contends the trial court erred in failing to charge without a request the law of accident. The defendant testified that the victim went outside and fell, that she got up and fell again, striking her head, thus causing the injuries from which she died. This does not involve homicide by accident as defined in Ga. L. 1968, pp. 1249, 1269 (Code Ann. §…