Waller v. State

Head, Justice.

1. Ground 1 of the amended motion for new trial asserts that the court erred in refusing the written request to charge as follows: “It can never be said that the death penalty is demanded by the evidence. After the offense of murder is established, it is solely within the province of the jury whether the accused shall be recommended to the mercy of the court. This discretion is not controlled by any rule of law.”

In Glover v. State, 128 Ga. 1, 7 (57 S. E. 101) it was said: “It may be said . . . that as counsel for plaintiff in error practically abandoned the general grounds of…