Dollar v. State

There is no more fundamental principle governing trial and appellate practice than that preventing either the trial judges or appellate courts from weighing the evidence on issues of fact raised by the evidence in criminal cases. Thus, as the majority opinion recognizes, “where there is slight evidence warranting the charge” (emphasis supplied) (Arnett v. State, 245 Ga. 470, 473 (265 SE2d 771)), “[i]t is error not to charge on involuntary manslaughter, upon request____” Id. There are no exceptions to this rule; whenever “from the evidence . . . some doubt, although slight, might arise as to…