Hewell v. State

Undercofler, Justice.

Ernest D. Hewell was convicted of murder and sentenced to life imprisonment. He appeals to this court. Held:

1. The appellant contends that the trial court erred in failing to charge the jury on the law of voluntary manslaughter.

This case was tried prior to Ga. L. 1973, pp. 292,293 (Code Ann. § 27-405) when the defendant could make an unsworn statement.

"The theory of voluntary manslaughter was not involved under the evidence in this case, and the only possible way in which it could be said to have been involved was by the statement of the defendant. This being true, if the…