Holmes v. State

1.. In the absence of a request so to do, the failure of the judge in charging the jury to apply a rule of evidence to the testimony of a particular witness is not cause for a new trial. Knight v. State, 114 Ga. 48 (6), (39 S. E. 928). Accordingly, there was no merit in the following assignment of error: “While the judge properly admitted in evidence, the statements of the deceased that she had, a short time before the homicide, seen defendant engaged in adultery with deceased’s husband, these statements being coupled with a threat against defendant, yet the judge nowhere instructed the jury…