McLendon v. State

1. The request to charge, as embodied in the first special ground of the motion for new trial, the refusal of which is assigned as error, contains the words, “one of those instances standing upon the same footing of reason and justice as those enumerated in section seventy-five (75) of the Penal Code,” and does not mention sections 71, 72, and 73 of the Penal Code. Section 75 does not enum&'ate any instances. This misreeital of the substance of section 75 and the omission to refer to sections 71, 72, and 73 causes the request to differ materially from that involved in Cloud v. State, 81 Ga.…