Stephens v. State

Special ground 1 of the motion for new trial assigns error because the State submitted to the jury the question of voluntary manslaughter as applied to killing under a heat of passion supposed to be irresistable. It is contended that under the evidence the only question was whether the defendant was guilty of murder or was justified. The jury were authorized to take a part of the evidence for the State, and a part of the evidence for the accused, and a .part of his statement. See Wilson v. State, 9 Ga. App. 297 (2) (70 S. E. 1125); Sikes v. State, 44 Ga. App. 746, 748 (162 S. E. 866). In this…