Gillespie v. State

Hall, Justice.

David Wayne Gillespie was convicted, along with two co-defendants, for the murder of Tony Doster and sentenced to life imprisonment. His sole enumeration of error raises the question whether the trial court erred in refusing to charge on request the law of voluntary manslaughter. We hold that the requested charge was properly refused and affirm.

Gillespie relies on Banks v. State, 227 Ga. 578, 580 (182 SE2d 106) (1971) where we said, "[o]n the trial of a murder case, if there be any evidence, however slight, as to whether the offense is murder or voluntary manslaughter,…