Legal Opinion

Todd v. State

Court of Appeals of Georgia

Decided April 4, 1979No. 57274PublishedCited by 15 opinions

1Opinion of the Court

Smith, Judge.

We affirm the appellant’s conviction of voluntary-manslaughter. Appellant alleged that the trial court erred in denying her motion for a new trial on the general grounds, in failing to charge on the use of force in defense of habitation, and in failing to charge that misfortune or accident is not a crime.

1. The proper standard to be used by this court in reviewing the overruling of a motion for a new trial on the general grounds is the "any evidence” test. Franklin v. State, 136 Ga. App. 47, 48 (220 SE2d 60) (1975). Appellant acknowledges this standard and yet maintains that the…

2Cases cited4 opinions

  1. Franklin v. StateCourt of Appeals of Georgia · 1975
  2. McConnell v. StateSupreme Court of Georgia · 1975
  3. Collins v. DixonSupreme Court of Georgia · 1884
  4. Dobbs v. StateCourt of Appeals of Georgia · 1974

3Cited by15 opinions

  1. Fair v. StateSupreme Court of Georgia · 2010
  2. Boling v. StateSupreme Court of Georgia · 1979
  3. Hoffer v. StateCourt of Appeals of Georgia · 1989
  4. Hayden v. SigariCourt of Appeals of Georgia · 1996
  5. Pittman v. StateCourt of Appeals of Georgia · 1984

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