Turner v. State

1. It is not error to fail to instruct the jury on the law of justifiable homicide where there is no evidence that the killing was justified. Miller v. State, 139 Ga. 716 (4) (78 S.E. 181); Benjamin v. State, 150 Ga. 78 (2) (102 S.E. 427).

2. In the instant case there was no evidence to show that the alleged homicide was justifiable either under the doctrine of reasonable fears or under the rule as to self-defense; and consequently the judge did not err in failing to charge upon the law of justifiable homicide as related to either theory.(a) The extrajudicial statements declared by witnesses…