Gentry v. State

Duckworth, Chief Justice.

1. Where, as here, the indictment is in two counts each charging the accused with the offense of murder, it is not incumbent upon the court to deal separately with each count in the charge to the jury. See Fry v. State, 141 Ga. 789 (82 S. E. 135); Nobles v. State, 98 Ga. 73 (26 S. E. 64); Stewart v. State, 58 Ga. 577; Dohme v. State, 68 Ga. 339; Williams v. State, 69 Ga. 11 (8); Berrien v. State, 156 Ga. 380 (119 S. E. 380).

2. It is only in cases where the State relies wholly on circumstantial evidence that Code § 38-109 must be charged without request. Nobles v.…