Whitaker v. State

Broyles, 0. J.

1. Under repeated rulings of the Supreme Court and of this court, a ground of a motion for a new trial, complaining of alleged errors in the charge of the court upon the law of murder, is without merit, where the accused was convicted of a lesser offense. Under this ruling and the facts of the instant case, there is no merit in grounds 1, 2, 3, 4, 5, and 9 of the amendment to the motion for a new trial. •

2. “The court having fully instructed the jury upon the law of justifiable *176homicide, it was not error (especially in the absence of a timely and appropriate written request) to…