Fannin v. State

165 Ga. App. 24 (1983)

299 S.E.2d 72

FANNIN

v.

THE STATE.

64899.

Court of Appeals of Georgia.

Decided January 4, 1983.

Walter J. Lane, Jr., for appellant.

Wills B. Sparks III, District Attorney, Virgil Adams, Thomas J. Matthews, Assistant District Attorneys, for appellee.

DEEN, Presiding Judge.

Cecil Fannin was indicted for murder, convicted of voluntary manslaughter and appeals following the denial of his motion for a new trial contending that the trial court erred in failing to give his timely written request for a charge on defense of habitation. Held:

The evidence showed that the deceased, Emory…