Boyd v. State

Duckworth, Presiding Justice.

1. The court 'did not err in failing to charge, in the absence of a special written, request, the contention of the defendant that he had and used no weapon at all in his encounter with the deceased, such theory being found only in the statement of the accused. Lampkin v. State, 145 Ga. 40 (6) (88 S. E. 563) ; Taylor v. State, 155 Ga. 785, 787 (118 S. E. 675); Rozier v. State, 156 Ga. 176, 180 (119 S. E. 309).

2. The conviction of the defendant being dependent entirely upon circumstantial evidence, the court erred in failing to charge, though no special written…