Linder v. State

Evans, Judge.

The defendant was indicted and tried for murder. He was convicted of voluntary manslaughter and sentenced to serve nine years. Defendant appeals. Held:

1. A person commits voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder, if he acts solely as the result of a sudden, violent and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person. Faust v. State, 208 Ga. 53, 55 (65 SE2d 148). But if there should have been an interval between the provocation and the…