Drake v. State

Duckworth, Chief Justice.

The defendant was indicted, tried and convicted of murder with a recommendation of mercy. A motion for new trial was duly filed and amended to add several special grounds, and after a hearing the same was overruled, and the exception is to that judgment. The State offered evidence that the accused shot the deceased while the deceased and the defendant were hunting separately in the mountains of North Georgia, the defendant admitting to the officers that he was out deer hunting with a 16-guage shotgun with No. 1 buckshot, saw something move in the mist -or fog which he…