Leary v. State

Atkinson, Presiding Justice.

1. “Where on the trial of one accused of murder the court erroneously states to the jury that the accused admits that the deceased came to her death by being shot by a pistol in his hands, thereby excluding one theory of defense presented by the prisoner’s statement, error is committed requiring the grant of a new trial.” Garland v. State, 124 Ga. 832 (2) (53 S. E. 314) ; Smiley v. State, 156 Ga. 60 (7a) (118 S. E. 713).(a) Accordingly, where in his statement before the jury, not under oath, the defendant stated: “He [the person slain] didn’t have but one arm and .…