Legal Opinion

Brassell v. State

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 8 opinions

Practice in the Supreme Court. Criminal law. Charge of Court. Before Judge Hillyer. Clayton Superior Court. March Term, 1879. To the report contained in the opinion, it is only necessary to add that three grounds of the motion for new trial were as follows: (1.) Because the verdict was contrary to law and the evidence. (2.) Because the court failed to charge the law of involuntary manslaughter. (3.) Because the court failed to charge the law touching the prisoner’s statement.

1Opinion of the Court

Jackson, Justice.

The defendant was indicted for murder, he was found guilty of voluntary manslaughter, and moving for a new trial it was refused, and error is assigned here on that refusal.

*3191. A general exception to the whole charge will not be considered unless the whole of it is wrong, and the motion for new trial must specify what is alleged to be erroneous, unless all of it be so. 60 Ga., 82, 107 ; 14 Ib., 404; Code, §4251.

2. Where no point is made that the facts make a case of involuntary manslaughter, either in argument before the court and jury or by request to charge the law thereon,…

2Cases cited1 opinion

  1. Thompson v. FeaginSupreme Court of Georgia · 1878

3Cited by8 opinions

  1. Gore v. StateSupreme Court of Georgia · 1926
  2. Bailey v. StateSupreme Court of Georgia · 1883
  3. Binion v. Georgia Southern & Florida Ry. Co.Supreme Court of Georgia · 1903
  4. Underwood v. StateSupreme Court of Georgia · 1891
  5. Higgins v. StateSupreme Court of Georgia · 1931

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