Davidson v. State

“The theory that he [the defendant] committed the offense through misfortune or accident was raised solely by his statement to the jury, and, therefore, under repeated decisions of the Supreme Court and of this court, the failure of the trial court to instruct the jury on that theory was not error in the absence of an appropriate written request.” Tyler v. State, 42 Ga. App. 287 (1) (155 S. E. 786). Sec also Eich v. State, 169 Ga. 425 (5) (150 S. E. 579); Moss v. State, 43 Ga. App. 109, 110 (6) (158 S. E. 461). Where, as here, the defendant was indicted for murder and convicted of voluntary…