Holder v. State
Supreme Court of Georgia
Indictment for murder, Habersliam Superior Court, April Term, 1848. Tried before Judge Dougherty. The facts may be found in the decision of the Court.
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
This was an indictment for murder; and upon the trail the presiding Judge instructed the jury in the following words : “ If you find the defendant guilty of manslaughter, it must be of volunta*442ry manslaughter; your verdict must find the defendant guilty of murder, of voluntary manslaughter, or not guilty.” The jury found the prisoner guilty of voluntary manslaughter, and a new trial was asked, upon several grounds — among them this, to wit; “ The Court erred in charging the-jury, that if they found the defendant guilty of manslaughter, if must be…
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