McDaniel v. State

Head, Justice.

The first ground of the amended motion for new trial (4-a) asserted that the trial court erred in failing to charge the jury the law of voluntary manslaughter as contained in the Code, § 26-1007.

The State insists that under the State’s evidence the accused is guilty of murder, and that under the defendant’s statement, the killing was justifiable homicide, and that the law of voluntary manslaughter was not, therefore, involved. Where the killing is either murder or justifiable homicide, the law of voluntary manslaughter should not be charged. See Morgan v. State, 108 Ga. 748 (32…