Adams v. State

ON MOTION ROE REHEARING.

It is well settled by repeated rulings of the Supreme Court and of this court that an excerpt from a charge, wherein a complete proposition is stated, is not erroneous merely because it fails to embrace an instruction which would have been appropriate in connection with that proposition. To reach the failure so to charge, a direct and independent assignment of error, complaining of such failure, is necessary. See Rawlins v. State, 124 Ga. 31 (16) (52 S. E. 1). This ruling shows that there is no merit in ground 5 of the amendment to the motion for a new trial. In…