Joiner v. State

1. When in the trial of a person indicted for murder there is evidence from which the jury can find that the homicide resulted from a, blow inflicted by the accused with an instrument which would not ordinarily produce death, and with which the accused, having hastily-seized and picked up the same, without sufficient provocation, struck and killed the deceased, it is error requiring the granting of a new-trial for the judge to fail to charge the law relating to the subject of involuntary manslaughter in the commission of an unlawful act. Farmer v. State, 112 Ga. 80 (37 S. E. 120); Jordan v.…