Gerald v. State

Beasley, Judge.

James Edward Gerald and Barry Franklin Gerald were indicted for murder, OCGA § 16-5-1. The jury convicted them of voluntary manslaughter, OCGA § 16-5-2. Following the denial of their motion for new trial, they appeal their convictions and sentences, arguing a dozen enumerations of error, including seven challenges to the trial court’s instructions to the jury. We address the charge first because it is dispositive.

1. Appellants contend that the trial court erred in the charge on justification in mutual combat when it stated that in order for the killing as a result of mutual…